SC Stays High Court's Eviction Order Against Uttarakhand Shopkeepers Having Possession Of Local Shops Since 1960

The Supreme Court yesterday granted a stay on the eviction order passed by the High Court against the shopkeepers who have been in possession of the local shops in Jonk Village, Uttarakhand since 1960.

The two-Judge Bench comprising Justice Surya Kant and Justice J.B. Pardiwala said, “The State of Uttarakhand (respondent No.2 herein) along with respondent Nos.3 and 4 be served through the standing counsel as well as through dasti notice. … Meanwhile, status quo re: demolition, possession and basic amenities be maintained by the parties, subject to: (i) Payment of Rs.15,000/- per month by every shop keeper, as user charges, to the State Government w.e.f. 01.01.2023. The arrears of user charges shall be deposited with the State Government within two weeks. The State authorities shall accept the said amount without prejudice to their legal rights.”

The Bench gave relief to shopkeepers by putting a stay on the order passed by the Division Bench of the Uttarakhand High Court whereby it directed to vacate the shops in possession of the petitioners since 1960 on land given on lease.

Senior Advocate Devdutt Kamat, Advocates Pankaj Singhal and Ashima Gupta appeared for the petitioners while Advocates Prafulla Ranjan Tiwary, Vibhu Tiwari, and Shalu Raj appeared for the respondents.

In this case, an SLP (Special Leave Petition) was filed by the petitioners against the order passed by the Uttarakhand High Court. The petitioners via SLP submitted before the Apex Court that the High Court erroneously and arbitrarily vacated the interim order passed by the writ court and passed directions as regards the eviction of the local shops situated in Khasra No. 63 at village Jonk.

As per the petitioners, the High Court acted in blatant disregard to the order passed by the Apex Court whereby it granted liberty to the petitioners to pursue the remedies for regularisation and grant of pattas in the pending writ. The petitioners further submitted that they had filed pleas seeking regularization and grant of pattas in terms of the report of Naib Tehsildar and the order of Tehsildar.

The Supreme Court after hearing the contentions of the counsel noted, “Amended memo of parties be filed within two weeks. … Mr. Arvind Gupta, learned counsel, who appears on caveat on behalf of respondent No.1, accepts and waives service of formal notice upon the said respondent. … The High Court of Uttarakhand is requested to take up WPMS No.999/2009 along with WPMS No.1971/2011 and WPMS No.2048/2011 immediate on Board for final hearing. Hon’ble the Chief Justice of the Uttarakhand High Court is requested to assign the above-mentioned Writ Petitions to an appropriate Bench, with an endeavour to decide the said Writ Petitions by 31.07.2023.”

The Court, therefore, directed the petitioners/shopkeepers to deposit monthly rent of Rs. 15,000/- with the State Government w.e.f. January 1, 2023, and ordered that the arrears of user charges be deposited within two weeks.

Accordingly, the Court allowed the application for permission to file the SLP.

Cause Title- Dinesh Kumar Paliwal & Ors. v. Muktinath Pandey & Ors.

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