SUNITA BHARTI Vs. COMMANDENT OF ARMY HOSPITAL (R&R)

JUDGEMENT

(1.) Challenge in these writ petitions is to the order dated 27.05.2016(hereinafter referred to ,,impugned order) passed by the respondent by which the electricity supply to the shops granted on licence to the petitioners have been disconnected.

(2.) Both the petitioners were allotted shops under a licence deed in the Army Hospital(R&R), Delhi Cantt. The petitioner in Writ Petition No.5650/2016 was allotted Shop No.1 and Shop No.2 while petitioner in Writ Petition No.5654/2016 was allotted one Shop. Admittedly, the licence in respect of both the writ petitions stand revoked due to afflux of time. After receipt of the impugned order, the petitioners in both these writ petitions had approached the Trial Court by filing appeals under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act. Both the appeals were dismissed by the Trial Court as withdrawn and the following order was passed:

(3.) Mr. Chaudhary, learned counsel for the petitioner submits that in terms of Clause 14 of the Licence Deed, the licensee is liable to be evicted under the Public Premises Eviction Act. Counsel submits that till today, no Estate Officer has been appointed since the date of the first notice in December, 2015 and, on the other hand, the respondents have decided to take the law in their own hand and have issued the impugned order.