CHAWLA CASSETTEE INDUSTRIES Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Feeling aggrieved against the dismissal of appeal vide order dated 04.10.2019 (Annexure P-3), passed by the Divisional Commissioner, Mandi, under Section 9 of the Himachal Pradesh Public Premises and Land (Eviction & Rent Recovery) Act, 1971, thereby affirming the order dated 01.01.2019, passed by the Sub Divisional Collector, Kullu, the petitioner has preferred the present writ petition with following prayers:-

(2.) The petitioner was allotted Shed No.3 (Old electronic shed), in Industrial Area, Shamshi, Kullu, on rental basis for the manufacture of audio and video cassettes by the General Manager, District Industries Center, Kullu, on 01.04.1989. The petitioner did not pay the agreed rent from September, 1990 till May, 2001. Various show-cause notices were issued to the petitioner in this regard, i.e. on 27.09.1990, 11.12.1991, 01.03.1993, 14.12.1993, 16.06.1994, 22.09.1994, 24.02.1995, 09.08.1995, 12.02.1996, 21.03.1997, 15.12.1997, 14.12.1998, 13.11.1999 and 24.05.2001. The General Manager, District industries Centre, Kullu, accordingly issued show cause Notice(s) dated 12.11.2007, 18.09.2008, 19.02.2010 and 25.09.2010 to the petitioner for cancellation of allotment in question. The allotment was eventually cancelled on 18.12.2010. The order of cancelling the allotment has not been challenged by the petitioner. The respondents-State thereafter initiated eviction proceedings against the petitioner in the year 2015, after issuance of Notice under Sections 4 & 7 of H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971. The eviction order was passed by the Collector, Kullu, on 01.01.2019 (Annexure P-1), which has been affirmed by the Divisional Commissioner, Mandi, vide order dated 04.10.2019 (Annexure P-3). These two orders have been assailed in the instant writ petition.

(3.) We have heard learned counsel for the parties and gone through the record.