CENTER OF APPLIED POLITICS Vs. GOVT OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original petitioner whose W.P.(C) 5513/2017 has been dismissed by the learned Single Judge vide judgment and order dated 30th July, 2019 (Annexure A- 4 to the memo of this LPA). Hence the original petitioner has preferred the present Letters Patent Appeal. The main contention of the original petitioner was regarding the challenge of the order dated 23rd June, 2017 (page 85 to the memo of this LPA). This order was not quashed by the learned Single Judge. Moreover, the challenge to the order dated 12th June, 2017 (page 81) was also not quashed and set aside by the learned Single Judge and hence the present letters patent appeal has been preferred by the original petitioner.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the plot in question which is situated at Indraprastha Estate, New Delhi was given on permanent lease on 21st April, 1971 on several conditions. (The said lease deed is at page 270.) The said lease conditions have been violated by the lessee, as per lessor and hence it is alleged that several notices were given in past but no adjudication of the show cause notice has ever taken place.

(3.) It further appears from the facts of the case that a Show Cause Notice was given on 24th March, 2017, as alleged by the respondents. It is contended by this appellant (original petitioner) that the said show cause notice was never received by the petitioner.