HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dtd. 7/4/2022 (Annexure P-3) passed by respondent No.3, vide which, the petitioner has been ordered to be evicted from Shop No.14 of Nagar Panchayat Talwandi Sabo. Challenge is also to the order dtd. 22/9/2022 (Annexure P-5) passed by respondent No.2 vide which the appeal dtd. 2/6/2022 (Annexure P-4) filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that the Nagar Panchayat Talwandi Sabo, Tehsil Talwandi, District Bathinda, through its Executive Officer, had filed an application for evicting the present petitioner from Shop No.14, Rori Road Market, Talwandi Sabo, measuring 15 feet x 38 feet, under Ss. 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Recovery) Act, 1973 (for short 'the Act of 1973') and the Punjab Public Premises and Land (Eviction and Rent Recovery) Rules, 1974 (for short 'the Rules of 1974'). A further prayer for recovery of rent amounting to Rs.4,74,611.00 from July, 2015 to December, 2018 alongwith GST, future interest till its realization, had been made in the said eviction application. In the said application, it was averred that the Nagar Panchayat Talwandi Sabo was the owner of the shop in question and the same was given on rent to the petitioner on the basis of an agreement dtd. 15/3/2011 (Annexure P-1) and as per the terms of the said agreement, the rent was initially fixed at Rs.6500.00 per month and an amount of Rs.7,50,000.00 was to be deposited and half of the said amount would be taken as development charges, which was not refundable, whereas, the remaining half would be deposited with the Nagar Panchayat as security which was to be refunded in the circumstances enumerated in Clause 2. As per Clause 3 of the said agreement (P-1), it was specifically stipulated that the petitioner was to deposit rent of the shop with the Nagar Panchayat quarterly in advance, failing which, the Nagar Panchayat had a right to collect interest @ 18% per annum. The agreement further provided that in case of non-deposit of the rent for a period of one year, the tenancy would be terminated and the Nagar Panchayat would have the authority to confiscate the security amount. As per Clause 8 of the said agreement, the petitioner has to follow the instructions issued by the government and as per the government Rules, the rent would be increased by 10% every three years. It was the case of the Nagar Panchayat that the petitioner had not paid rent from July, 2015 to December, 2018 and after the lapse of one year from July, 2015 i.e, in the year 2016, he was in unauthorized occupation of the premises in question. It was averred in para 6 of the application (Annexure P-2) that a notice dtd. 29/11/2018 was served by the Nagar Panchayat to the petitioner for payment of rent, interest and GST within three days from the receipt of the said notice and it was mentioned in the said notice that in case the respondent (i.e. the petitioner herein) fails to pay the abovesaid rent, the Nagar Panchayat Talwandi Sabo would be entitled to evict the respondent (present petitioner) from unauthorized possession and would also be entitled to receive damages. It was further averred in the said application that a resolution No.514 dtd. 30/1/2019 had been passed by the Nagar Pancahyat for taking action against the respondent and a reference was made to a civil suit filed by the present petitioner against Nagar Panchayat and also to the order dtd. 6/10/2018 passed in the said civil suit, wherein, the present petitioner was directed to make payment regularly to the Nagar Pancahyat and the Nagar Panchayat was granted liberty to get shop No.14 vacated from the possession of the petitioner in accordance with law and that the petitioner had not complied with the said order dtd. 6/10/2018 passed by the Civil Court. On the basis of the said averments, the application dtd. 22/2/2019 (P-2) under sub-sec. (1) of Sec. 4 of the Act of 1973 was filed.

(3.) The Sub-Divisional Magistrate, Talwandi Sabo after hearing both the parties, vide order dtd. 7/4/2022 (Annexure P-3), had allowed the said application and ordered the eviction of the present petitioner. It was further ordered that the rent of the shop in question till date be assessed and the entire rent due was to be recovered and that the amount of rent due be adjusted against the security amount and in case the amount of recoverable rent surpasses the same, then, the same be recovered from the present petitioner in two equal installments within two months. While passing the said order, the terms of the agreement dtd. 15/3/2011 were taken into consideration and the Collector, Sub-Divisional Magistrate, Talwandi Sabo had found that the rent for the period in question had not been paid by the petitioner and thus, the application filed by the respondent-Nagar Panchayat was found to be meritorious. A reference was also made to the civil suit and the order dtd. 6/10/2018, as per which, a direction was given to the petitioner to pay the rent due, failing which, a right was conferred on the Nagar Panchayat to get the shop vacated in accordance with law and the said order was stated to not have been complied with by the petitioner, thus, further entitling the Nagar Panchayat to seek the eviction of the petitioner from the premises in question.