SK. JAFULLA Vs. CUTTACK DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) IN this writ petition, the Petitioner, who was an erstwhile licensee in respect of a shop room bearing shop Room No. 107 situated at Bajrakabati Community Shopping Centre, Cuttack has challenged the validity, legality and propriety of the allotment of the shop room in favour of opp. party No. 4.

(2.) THE Petitioner's case is that he was allotted shop Room No. 107 at Bajrakabati Community Shopping Centre. Cuttack vide letter No. 1839/GClf dated 15.2.1982 on a monthly licence fee of Rs. 430/ -. Accordingly, an agreement was executed between the Cuttack Development Authority and the Petitioner and possession of the same was taken over by the Petitioner. He continued to remain in occupation as a licensee from 15.2.1982. The number of the shop room was re -numbered as shop Room No. 114. As the Petitioner was not keeping good health and unable to run the business he made a request to opp. party No. 1 on 17.6.1989 for transferor the said shop room in favour of his niece. Miss Nasira Nokhat.

(3.) THEREAFTER the Petitioner claims to have informed opp. party No. 1 on 17.6.1989 to treat his earlier letter dated 17.6.1989 as cancelled as he was no longer interested for transfer of the said shop room. The Petitioner came to know that the opposite parties were taking steps to recognise Miss. Nasira Nokhat as a licensee instead of the Petitioner notwithstanding the withdrawal of the earlier letter as par Annexure -2. Therefore, he has filed this case challenging the action of opposite parties 1 to 3 whereby they executed a deed of licence in favour of opposite party No. 4