Stay petition

GANGO PADHYAYA (Querist) 15 November 2013 This query is : Resolved
Sir

PETITION FILED UNDER SECTION 9 (3) OF THE PUBLIC PREMISSES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1971

suggest the citations to obtain stay on estate office order

petitioner is lady aged 65 years, widow, on her a daughter is dependent

case facts:
, B.Chellayamma, W/o late Thata Rao, Hindu, aged 65 years, Sri Kanaka Mahalakshmi Hotel Business, Quarter No: S.H No: 4 & 5 Old Colony, Gandhigram Post, Visakhapatnam 530005, do hereby solemnly affirm and state as follows:
1. I am the petitioner herein and appellant in the above appeal. As such I know the facts of the case.
2. I preferred the appeal against the order of the Learned Estate Officer, Hindustan Shipyard Limited, Visakhapatnam for shop No: 4 & 5 dated 24-11-2011 served 28-11-2011 and for other reliefs. I crave leave of this Honourable Court to read the contents of my appeal grounds as an integral part of my affidavit for better appreciation of facts of the case.
3. I submit that I had taken the schedule shop from the respondent on lease for the purpose of running hotel. I have established the hotel in the schedule premises by investing huge amounts nearly Rs.4,00,000/- for furniture, cooking equipments, fans, etc., Since the date of inception, I have been running the same s=in the schedule premises by paying monthly rents to the respondent regularly without any default. It is usual practice of the respondent to issue a demand notice every month for payment of the monthly rents, which includes electricity consumption charges and then I used to deposit the same in UCO Bank, Gandhigram, branch, Visakhapatnam. I further submit that on payment of rent at enhanced terms though the Deed of Licence Agreement dated 31-01-2010 with its subsequent renewals the prescribed licence fee during the last renewal of Deed of Licence Agreement was Rs.2058.02 per month, Electricity charges Rs.4.89 per unit (present Rs.8.69 per unit, Hire of Electricity meter: Rs.3.00 per month per meter. There was further renewal granted thereafter in spite of requests. However, I have been continuing in the schedule premises as a tenant and have been running the business by paying the monthly rents to the respondent as demanded by the respondent.
4. I further submit that all of a sudden on 28-07-2011 the respondent issued a notice to me vide letter No. HSL/HE/Evic.16/2011 alleging that the schedule shop unit is under sublet, which is not permitted as per the Deed of Licence Agreement and directed to me to vacate and handover the premises within 15 days from the date of receipt of the notice. I submit that after receipt of the order dt: 28-07-2011/01-08-2011 the I approached the office of the respondent and expressed his readiness to pay the arrears of the rents as on date and also informed the respondent officials that the shop is under my own occupation, but not given to the same for sublet. But the respondent refused to receive arrears of rents and threatened to evict me from the schedule property. It was further explained the position “that I had appointed a senior cook in hotel to cook better quality food. Then the respondent kept quite. The schedule shops 4 & 5 were not sublet to any outsider as alleged in the notice. Having received the said explanation, respondent kept quite. I further submit that the appellant filed a suit i.e., “permanent injunction restraining the defendant company and its officials from inferring with peaceful possession and enjoyment of the suit schedule property including forcible eviction of the plaintiff except due process of law” it was filed on 27-01-2012 GR.No: 662/2012.
5. I further submit that all of a sudden on 28-11-2011 I received a Form-B Notice dated 24-11-2011 issued by the respondent demanding the appellant to vacate the premises within 15 days if the date of publication order dated 24-11-2011. I receive a Form-B notice dated 24-11-2011/28-11-2011 which was issued by the respondent demanding me to vacate the premises within 15 days of the date of publication of the order.
6. I submit that I had invested the huge amounts in the schedule premises for the purpose if running business and I and my late husband has been running the business since 30 years and earned a lot of good will. I had been maintaining my family with the income derived from business. If I am evicted from the schedule premises forcibly, I and my family members will be thrown on roads and in which case, I will be put to irreparable loss and hardship. At this juncture I filed Suit O.S.73/2012 on the file of VI Additional Junior Civil Judge Visakhapatnam the said suit is still pending.
7. While things stood like this on 02-07-2013 respondent and his men came to schedule property threaten me by way of infringement of principles of natural justice created a horrors at the schedule premises thereupon they left the suit schedule property by proclaiming that they would come again within a day or two with more men to obstruct to run the hotel activities of the suit schedule premises. The said acts of the defendant/respondent authority are arbitrary, high-handed and capricious. I invested huge amounts in the schedule premises for the purpose of running business and I have been running the business since last 30 years and earned a lot of goodwill. After demise of my husband I have been maintaining my family with the income derived from the business if I am evicted the schedule premises forcibly, I am my family members will be thrown on roads and in which case, I will be put to irreparable loss and hardship.
8. I submit that the learned Estate Officer without observing all these facts and without giving any further opportunity passed an arbitrary order against the Principles of Natural Justice and procedure. I therefore submit that the learned Estate officer ought to have dismissed the case instated of orders the same after considering the prompt payments of me. I submit that I am a lawful tenant in the lease hold premises, but the learned Estate Officer considered my position as unauthorized occupant, which is not true and correct. The orders if learned Estate Officer are not at according to facts of the case as well as law of land. I further submit that the orders of the learned Estate Officer without considering all material passed an ex parte order more particularly without giving any opportunity to defend the case.

9. I submit that in India Constitution provided a statutory protection to women in India; by struck down the Articles 13, 14, 21, 32, 136, 142 the respondent locked the running hotel premises. The Civil dispute matters are pending (i.e., O.S.No: 73/2012 injunction suit is pending before VI Additional Junior Civil Judge, Visakhapatnam and an interlocutory application before this Honourable Court). The interests of the women in India cannot be jeopardised, the said acts of the respondent authority are arbitrary, high-handed and capricious. I humbly submit that upon ill-health, illiteracy, I fell sick I was bed ridden at that time my previous counsel misguided me in filing appeal my previous counsel had only filed the injunction suit; due to wrong opinion I became victim in the hands of my previous counsel.
10. I further reiterate that I and my family are eking out our livelihood on the income derived on the business, which is carrying out in the schedule premises. If the respondent authority implemented the orders passed by Estate Officer, I and my family will be thrown on roads and will suffer for starvation. Under these circumstances, I pray that the Honourable Court may be pleased grant stay or orders in HSL/HE/Evic for Shop No: 4 & 5 dated 24-11-2011 served on 28-11-2011 of estate Officer of Hindustan Shipyard Ltd., till disposal of appeal, in the interest of justice and equity. Otherwise, I will be put to irreparable loss and hardship.
Deponent

Solemnly affirmed and signed before me on this the 31st day of July, 2013 at Visakhapatnam.
Advocate

PETITION FILED UNDER SECTION 9 (3) OF THE PUBLIC PREMISSES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971
For the reasons stated in the accompanying affidavit, the petitioner/appellant prays that the Honourable Court may be pleased to grant stay of orders in HSL/HE/Evic for Shop No: 4 & 5 dated 24-11-2011 served on 28-11-2011 me of Estate Officer of Hindustan Shipyard Limited till disposal of the appeal in the interest of justice and equity.

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