STATE BANK OF INDIA Vs. DISTRICT MAGISTRATE SIRMAUR

JUDGEMENT

(1.) In the peculiar facts and circumstances, petitioner-Bank has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein to issue directions to respondents No.1 and 2 to provide assistance in taking out Cash Safe and Lockers from the building constructed over property comprised in Khata Khatoni No.369/517, Khasra No.1116/1035/1035/918, measuring 0/4/0 Bighas, sitatuted at Mohal Chulli Dadahu, Tehsil Dadahu, District Sirmour, at the expense and cost of petitioner-Bank.

(2.) Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Arvind Sharma, learned counsel for the petitioner, is that the petitioner-Bank had taken building detailed hereinabove on rent for setting-up its branch for a period of 5 years starting from 1/11/2019 to 31/10/2024, for a monthly rent of Rs.37,440.00, which was to be further enhanced after five years, in the event of renewal of lease.

(3.) Since, vide order dtd. 10/11/2023, the District Collector, Sirmour, ordered to vest the property in question with the Government of Himachal Pradesh, in terms of Sec. 118 of the H.P. Tenancy and Land Reforms Act, 1972, (for brevity ' 1972 Act'), petitioner-Bank to avoid controversy and litigation, hired some other accommodation. However, while petitioner-Bank was in process of shifting its branch from building detailed hereinabove, private respondents No.3 to 5, who are the owners of the building detailed hereinabove, not only gave beatings to the Branch Manager but till date has not permitted the petitioner-Bank to remove the Cash Safe and Lockers, wherein apart from cash, valuable articles of customers of the Bank are lying deposited.