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| HC imposes costs to Shrine Board | | | Early Times Reporter
Jammu | Dec 22
Justice JP Singh of J&K High Court, Jammu Wing, in a civil revision petition, filed against the March 20,2007order of Additional District Judge Reasi allowing Shri Mata Vaishno Devi Shrine Board Katra's application, seeking production of documents which could not be inadvertently placed on record before faming of issues, has dismissed the revision petition subject to payment of Rs 1000 as cost.
According to the case , the petitioner was allotted suit shop on yearly rent basis by Dharmarth Trust and continued to work in the shop as tenant till 1986 when the shop was taken over by the Board. According to the terms of section 9(3) of Mata Vaishno Devi Shrine Board Act 1988, he became a lessee of the Board and the Board issued a circular on August 20, 1987 treating the lessees as tenants and taking them to make payment of the rent to the Board. On June 22, 2003 respondents came on spot and threw out the petitioner's articles from the suit shop and demolished a portion of it. The petitioner further submitted that the respondent, without adopting due course of law, are terminating the tenancy when respondents have accepted rent up to ending September, 2006. Additional District Judge Reasi ordered parties to maintain status-quo till October 11, 2006. The Court allowed SMVDSB to produce documents which was challenged by the petitioner Subash Chander.
After hearing Adv LK Sharma appearing for the petitioner and Sr. Adv UK Jalali with Adv Anil Khajuria appearing for SMVDS, Justice Singh while a referring Apex Court judgement observed that as per the law laid down by the Supreme Court of India, the Court do not find any infirmity in the order of Additional District Judge Reasi permitting the Shrine Board to produce certificated copies of the documents and two other documents on record which were found relevant to decide the issue as to whether petitioner was a licensee are a tenant qua the premises in question. As the Board had not produced the documents at the prescribed stage so it was required to be burdened with some costs to compensate the other side. While dismissing this revision petition, Court allowed the Board to produce the documents subject to the payment of Rs.1000 as cost that shall be paid to the petitioner within a period of two months. JNF |
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