Disposed

Visvsvaraya Foundation v. Municipal Corporation, Udaipur

Rajasthan HC18 Feb 2021CW/2523/2021

Case brief

AI extract

What is this about?

In a writ petition concerning seized premises, the High Court, avoiding merits, directed the respondent Municipal Corporation to hand over possession to the petitioner's ITI Institution for three months to facilitate student examinations, conditioned on an undertaking to vacate thereafter.

What did the court decide?

Directed the respondent to hand over possession of the premises to the petitioner for three months from today, with an undertaking to vacate on or before 21.05.2021, subject to earlier vacating if alt

Visvsvaraya Foundation Vs Municipal Corporation, Udaipur — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2523/2021

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Visvsvaraya Foundation, Through Its Chairman Pradeep Nagda S/o Shri Dinesh Chandra, Age-42 Years, R/o 10-Shanti Nagar, Sector-3, Hiran Magri, Udaipur.

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----Petitioner

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Versus

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Municipal Corporation, Udaipur, Through Commissioner.

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For Petitioner(s)	: Mr. MA Siddiqui	----Respondent
For Respondent(s)	: Mr. AnuragShukla

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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18/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioner has preferred this writ petition claiming the following reliefs:-

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“It is, therefore, most respectfully prayed that your this writ petition may kindly be allowed with costs and by an appropriate writ, order or direction the impugned seizure dated 04.02.2021 (Annexure-8) may kindly be set aside qua the petitioner. “

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3 . Learned counsel for the petitioner submits that the petitioner is a registered Trust which is running an ITI Institution to facilitate the quality development and skill enhancement workforce as per the emerging employment scenario. Learned counsel for the petitioner submits that the petitioner is a training provider under the Skill India Mission Pradhan Mantri Kaushal

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(2 of 4)

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[CW-2523/2021]

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Vikash Yojana and such registration certificate is on record as Annexure-1. Learned counsel for the petitioner submits that the petitioner Institution is a bonafide Institution which had licensed the premises in question. The petitioner is having permission to run certain technical courses and were thus utilizing the premises in question for running such courses. Learned counsel for the petitioner submits that there was an ongoing proceedings against the owner of the premises and the Municipal Corporation and upon violation of certain terms and conditions, the building has been seized and the institution and the students studying there have been rendered remedy-less at the crucial examination time.

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Learned counsel for the petitioner after vehemently making submission on merits submits that he would not press the writ petition on merits but a reasonable time may be given to the petitioner for utilizing the premises in question so that the institution can make necessary arrangements for alternate accommodation and accordingly run the institution.

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Learned counsel for the respondent though vehemently opposes the matter on merits but assures this Court that if a reasonable time period is given and an undertaking is given by the petitioner that the petitioner shall handover the premises in the same condition after reasonable period, then the respondents in the interest of students and the institution at large shall permit the petitioner to use the premises in question for that reasonable period only.

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After hearing learned counsel for the parties and perusing the record of the case, this Court does not wish to venture into the merits of the case which have already been not pressed by the petitioner but certainly in the interest of justice the

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(3 of 4)

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[CW-2523/2021]

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institution and the students need to be protected and thus the respondent Municipal Corporation is directed to handover the possession of the premises in question to the petitioner for being used by the petitioner to run the ITI Institution in the same premises for three more months from today. As soon as the period of three months is over or any time before the petitioner is able to make the necessary alternate arrangements whichever is earlier the petitioner shall be required to vacate the premises and handover the same to the Commissioner Municipal Corporation. The condition of allotment and other disputes which are there between the owner and Corporation are not being touched by this Court. The usage of the premises shall be allowed by the Municipal Corporation after the petitioner gives an undertaking that the petitioner shall vacate the premises without prejudice to the rights of the owner or anybody else. The possession shall be handed over on or before 21.05.2021.

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It is needless to say that since the petitioner has not contested the matter on merits and has only prayed for a reasonable time period, the present writ petition is being disposed of in the aforesaid terms. Since there is no contest, the respondents shall be required to abide by the condition only on the ground of providing a reasonable time period to vacate the premises in question. It is further made clear that this order shall not preclude the Municipal Corporation to take up all its issues with the appropriate owner.

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As soon as, the undertaking is furnished the Municipal Corporation shall permit the petitioner to utilize the same until 21.05.2021.

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(4 of 4)

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[CW-2523/2021]

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Stay petition and all pending applications also stand

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disposed of accordingly.

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(DR. PUSHPENDRA SINGH BHATI),J.

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138-SPhophalia/Jitender-

Visvsvaraya Foundation v. Municipal Corporation, Udaipur

Case brief

What is this about?

What did the court decide?

Visvsvaraya Foundation v. Municipal Corporation, Udaipur

Case brief

What is this about?

What did the court decide?

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