P. N. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition seeking a declaration that his eviction from the shop-cum-residential premises bearing No. 5 situated at Saddar Bazar, Badami Bagh Cantonment, Srinagar is illegal, arbitrary and violative of constitutional guarantees. A further direction asking the respondents to restore the aforesaid premises to the petitioner has also been sought. Several other reliefs have also been prayed for in the writ petition including the one regarding lodging of FIR against the responsible persons for committing criminal trespass.

(2.) It is pertinent to mention here that during the pendency of the petition, the petitioner passed away and his legal heirs were brought on record in terms of order dtd. 12/12/2007 passed by this Court.

(3.) As per the case of the petitioner, he was allotted shop-cum-residential premises bearing No. 5 by the respondent-cantonment board and he was enjoying the use and occupation of the said premises for about five decades on the mutually agreed terms and conditions including payment of rental etc. It is averred in the petition that the petitioner alongwith his family has been residing in the said premises and carrying on trade and business from there. It is also averred that the petitioner has been paying rentals as per the agreed terms.