OMWATI SINGH Vs. BHARAT HEAVY ELECTRICALS LTD.

JUDGEMENT

(1.) The applicant has filed this review petition for recalling the order dated 11.05.2017 passed in W.P. No. 13193/2016.

(2.) The applicant has filed a writ petition, i.e. W.P. No. 13193/2016 challenging the order dated 05.01.2016 passed by Estate Officer, Bharat Heavy Electricals Limited, Bhopal under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 'Act') which was affirmed vide order dated 26.07.2017 passed by the District Judge, Bhopal in an appeal preferred under Section 9 of the Act. The respondents have filed an application under Sections 5 & 7 of the Act before the Estate Officer for eviction of shop which was in applicant's occupation on the ground that the applicant has violated the terms and conditions of licence granted to her. The licence was not renewed after 31.03.2011 and the applicant has been running office instead of general store for which, she was granted the licence. The Estate Officer vide order dated 05.01.2016 has declared the applicant as unauthorized occupant and directed her eviction from the shop in question. Being aggrieved by that order, the applicant has preferred an appeal under Section 9 of the Act before the District Judge, Bhopal, who affirmed the same vide order dated 26.07.2016. Being aggrieved by that order, the applicant has filed a writ petition, i.e. W.P. No. 13193/2016. The said writ petition was dismissed vide order dated 11.05.2017. Being aggrieved by that order, the applicant has filed this review petition.

(3.) Learned counsel appearing on behalf of the applicant submits that the applicant has filed this review petition on the ground that while dismissing the writ petition, this Court has not taken into consideration the letter dated 15.12.2016, by which the applicant was directed to deposit an amount of Rs. 14,785/- within a period of seven days from the date of receipt of notice to enable them to renew/regularize the licence issued in favour of the applicant. It has further been submitted that such a notice was annexed as Annexure-P/8 with rejoinder to the writ petition. Pursuant to such notice, the applicant deposited the amount on 29.12.2016 and the receipt acknowledging the same was filed with the writ petition as Annexure-P/9. The said fact was not denied or rebutted by the respondents. It has further been submitted that since, the aforesaid notice has been issued during the pendency of the writ petition, therefore, the non-applicants by their conduct are estopped from evicting the applicant's on the ground that she has violated the terms and conditions of the licence. This fact was lost sight by the Court while dismissing the writ petition. In such circumstances, he submits that the order passed by this Court on 11.05.2017 may be recalled and the writ petition may be restored to its original number.