VIBHA BISHT Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Mr. Rakesh Thapliyal, learned Assistant Solicitor General (Union of India), appearing for the respondents, has handed over counter affidavit in the court which is taken on record. Present petition is filed assailing the notice dated 21.08.2014, annexure No. 2 to the writ petition, notice dated 18.10.2014, annexure No. 5 to the writ petition and notice dated 16.12.2014, annexure No. 8 to the writ petition, whereby licence of the petitioner to run the Chemist Shop from the premises within the compound of All India Institute of Medical Science, Rishikesh was terminated. Petitioner is also seeking writ of mandamus commanding the respondent Nos. 2 to 5 not to interfere in the peaceful occupation of running business of Chemist shop in the premises allotted to the petitioner.

(2.) Brief facts of the present case, inter alia, are that petitioner was inducted as licencee in the disputed premises to run the Chemist Shop; agreement licence deed was executed between the parties, copy thereof is available on record as annexure No. 1 to the writ petition; as per the licence deed/agreement, petitioner has to sell only those medicines and surgical items which are prescribed by the doctors of the A.I.I.M.S. and petitioner is not authorised to give substituted sub -standard medicines and surgical items.

(3.) Respondents have stated that since petitioner was indulging in selling the substandard and substituted medicine and surgical items instead of medicine and surgical items prescribed by the Doctors, therefore, impugned notices were issued to the petitioner terminating his licence asking the petitioner to close down the Chemist Shop and to hand over physical vacant possession to the A.I.I.M.S. after vacating the premises, in question.