High Court of Punjab and HaryanaCWP/20706/2016disposed of

Chetan Kapoor v. Postgraduate Institute Of Medical Education & Research & ORS.

2016-10-18Mr. Justice R.P. Nagrath2 pages

Vinod Kumar 2016.10.20 11:10 I attest to the accuracy and authenticity of this document Chandigarh CWP No.20706 of 2016 [ 1 ] ****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20706 of 2016 Date of decision:18.10.2016 Chetan Kapoor

...Petitioner

Versus

The Postgraduate Institute of Medical Education and Research and others

...Respondents

CORAM:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Rahul Sharma-I, Advocate, for the petitioner.

Mr. Vikrant Sharma, Advocate, for the respondents.

**** Rakesh Kumar Jain, J.

This petition is filed in order to challenge the validity of the order dated 29.09.2016 by which the petitioner has been directed to vacate the site/shop in question on 30.09.2016.

Counsel for the petitioner has submitted that the license period was extended from 26.06.2016 to 25.09.2016 or till the tender process is completed. It is submitted that though the respondent-PGI has absolute power to terminate the license or not to extend it in terms of Clause 27 of the License Deed but for that the petitioner has to be provided 30 days' time so that he may remove his articles and make an alternate arrangement. Counsel for the respondent-PGI has submitted that it has been decided not to re-tender the site/shop in question as it is going to be demolished.

Vinod Kumar 2016.10.20 11:10 I attest to the accuracy and authenticity of this document Chandigarh CWP No.20706 of 2016 [ 2 ] **** Counsel for the petitioner has submitted that he has no objection if the site/shop is not further given on lease/license but insofar as the period of his stay is concerned, he may be allowed to stay in the site/shop in question till the last date of this month i.e. upto 31.10.2016 in terms of Clause 27 of the License Deed.

After hearing learned counsel for the parties and keeping in view the facts and circumstances, the present petition is disposed of allowing the petitioner to remove all his articles, vacate and hand over physical possession of the site/shop in question to the respondent-PGI on or before 31.10.2016. In case, the petitioner fails to do, as directed, he will not only face the contempt proceedings which may be initiated suo motu by this Court but also the other proceedings in accordance with law. October 18, 2016 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No