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High Court of DelhiW.P.(C)/2199/2020

Shri Virendra Singh Shakhawat v. State Of Rajasthan And ANR.

2020-02-26Hon'Ble Mr. Justice Navin Chawla2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2199/2020 & CM No.7710/2020 SHRI VIRENDRA SINGH SHAKHAWAT ..... Petitioner Through:

Mr.Ravi Kant and Mr.Mayank Manish, Advs.

versus STATE OF RAJASTHAN AND ANR.

..... Respondents Through:

Mr.Sandeep Jha, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 26.02.2020 This petition has been filed by the petitioner challenging the orders dated 09.12.2019 and 12.02.2020 of the respondent no.1 whereby the respondent no.1 has called upon the petitioner to close down operations of STD PCO booth and to hand over the possession of the space allotted to the petitioner in the Bikaner House, New Delhi by 31.12.2019, which was later extended till 29.02.2020.

The Impugned Letter dated 12.02.2020 records that the eviction of the petitioner is being sought as it has been decided to invite new bid for the said space, as per the RTPP Act, 2012 and Rules-2013. The learned counsel for the respondents, who appears on advance notice, on instructions submits that the petitioner shall also be eligible to participate in such bidding process.

On the other hand, the learned counsel for the petitioner submits that the petitioner has been occupying the said space since 07.08.1996.

In my view, mere occupation of the space for a long period cannot vest any right in favour of the petitioner to continue to occupy such space. Faced with above position, the learned counsel for the petitioner submits that the petitioner be allowed to continue to occupy the said space till the finalization of the bidding process by the respondents. He undertakes that on finalization of the new occupant by the respondents, the petitioner shall vacate the said space, if the petitioner is not selected as the occupant. Recording the above undertaking of the petitioner, the respondents are directed to allow the petitioner to continue to occupy the space in question till the finalization of its bidding process, subject to the petitioner complying with all other terms and conditions of its present occupation. The petition is disposed of in the above terms, with no order as to costs.

NAVIN CHAWLA, J FEBRUARY 26, 2020/Arya