Petitioner challenged demand for fresh rent deed for business licence renewal. Court directed respondent not to insist on fresh deed pending litigation and allowed fresh application.
Respondent directed not to insist on fresh lease deed; petitioner granted liberty to apply afresh for licence.
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2023:PHHC:127826
In the High Court for the States of Punjab and Haryana At Chandigarh
CWP-11991-2021 (O&M) Date of Decision:-03.10.2023
M/s Siya Ram Apple Merchants … Petitioner
Versus
State Agricultural Marketing Board and another
... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Rakesh Bhatia, Advocate, for the petitioner. Mr. Padam Kant Dwivedi, Advocate, for the respondents.
GURVINDER SINGH GILL, J .(Oral)
MOHAN SINGH 2023.10.03 18:04 I attest to the accuracy and authenticity of this order/judgment
CWP-11991-2021 (O&M) ( 2 ) 2023:PHHC:127826
Panchkula, since the year 2018 under the name and style of M/s Siya Ram Apple Merchants. The petitioner had applied for renewal of the said licence on 16.4.2021 w.e.f. 01.04.2021 to 31.3.2024 i.e. for a period of 3 years, but in response thereto, the respondents sent a letter dated 19.4.2021 (Annexure P-3) which read as under:-
“On the above cited subject, it is intimated that Form "F" for renewal of above said Licence of Firm M/s Siya Ram Apple Merchants has been received from you today i.e 19.04.2021 in this office vide registered post along with Cheque of Rs. 600/- of Axis Bank Ltd. bearing Cheque number 071965. You have not attached fresh rent deed and Licence with your application. You have also - not given submission whether there is any change in your firm or not.
You are hereby asked to furnish the above said documents alongwith "F" form duly filled and Cheque of Licence Fee, so that your Licence can be renewed further. Your application form alongwith Cheque is hereby returned to you.”
MOHAN SINGH 2023.10.03 18:04 I attest to the accuracy and authenticity of this order/judgment
CWP-11991-2021 (O&M) ( 3 )
2023:PHHC:127826
the stipulated period, he would assume the character of a statutory tenant and it is only by way of an ejectment petition that he could be evicted from the premises in question. Under these circumstances it rather seems unfair for the market committee to insist upon fresh lease deed/rent deed when any such applicant is already in possession of a premises as a tenant even if as a statutotry tenant.
MOHAN SINGH 2023.10.03 18:04 I attest to the accuracy and authenticity of this order/judgment
CWP-11991-2021 (O&M)
( 4 )
2023:PHHC:127826
03.10.2023 ( GURVINDER SINGH GILL ) mohan JUDGE
Whether speaking /reasoned Yes / No Whether Reportable Yes / No
MOHAN SINGH 2023.10.03 18:04 I attest to the accuracy and authenticity of this order/judgment
1 issue framed by the court
Whether the respondent can insist on a fresh rent deed for licence renewal when the petitioner is in possession pending litigation.
M/s Siya Ram Apple Merchants
State Agricultural Marketing Board
GURVINDER SINGH GILL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
