LAWS(UTN)-2021-7-24

VENU CHARITABLE SOCIETY Vs. STATE OF UTTARAKHAND

Decided On July 05, 2021
Venu Charitable Society Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Petitioner is a landlord, who has challenged the order passed by Secretary, Medical, Health and Family Welfare on 18/4/2018, whereby appeal, filed by respondent no. 3 against rejection of his application for renewal of drug licence, has been allowed.

(2.) This writ petition has been filed by Venu Charitable Society, which runs a hospital at Ram Nagar (Nainital). Petitioner owns the hospital building, which has been constructed over lease land.

(3.) In the year 2010, respondent no. 3 was inducted as tenant by the petitioner in respect of a shop, which is part of the hospital building. Tenancy of respondent no. 3 was subsequently terminated and petitioner filed a suit for eviction against respondent no. 3. The said suit was decreed by learned Judge, Small Cause Court, Ram Nagar vide judgment dtd. 24/5/2018. Respondent no. 3 challenged the said judgment by filing CLR No. 61 of 2018 and a coordinate Bench of this Court stayed the execution of the judgment passed by learned court below vide order dtd. 13/6/2018.