Indian Kanoon - Search engine for Indian Law

Himachal Pradesh High Court

Shrichand Narwani And Another vs Municipal Corporation Shimla Through ... on 5 December, 2019

Bench: L. Narayana Swamy, Jyotsna Rewal Dua

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CWP No. 916 of 2019
                                                     Decided on 5.12.2019




                                                                          .

    Shrichand Narwani and another                                          ....Petitioners.

                      Versus





    Municipal Corporation Shimla through its Commissioner
                                                                             ... Respondent.
    ................................................................................................





    Coram

    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner           : Mr. Vishwa Bhushan, Advocate.

    For the respondent           :   Ms. Reeta Thakur, Advocate.





    Jyotsna Rewal Dua, Judge (Oral)

This writ petition was filed with following substantive prayers :-

"i) That this Hon'ble Court be issuing writ of mandamus may be pleased to direct the respondent Corporation not to disconnect electricity and water connection of Shop No.1,4,14 and 19 Modern Shopping Complex, 1st Deck Auckland Tunnel, Lakkar Bazar, Shimla;

ii) That since no repair work has been initiated even after the order of the Hon'ble Court and even after deposition of 50% of due amount. The petitioner wants to submit that remaining 50% may not be recovered till the final necessary repairs."

1

Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 06/12/2019 20:26:17 :::HCHP 2

2. It is jointly submitted by learned counsel for the parties that Electricity and Water connection of the shop in question have not been disconnected. In view of this, prayer No.1 has become .

infructuous. In respect of prayer No.2, it is submitted by learned counsel for the parties that remaining 50% of the rent amount has also been deposited. Therefore, even 2nd prayer of the petitioner has also become infructuous.

However, learned counsel for the petitioners submits that despite directions issued by this Court on 14.11.2018 in CWP No. 2558 of 2018 along with connected matters, respondents have not carried out the repairs in respect of seepage in the premises, leased out to the petitioners. Para No.6 of the said judgment is reproduced hereinafter :-

"xx xx xx 6. It is also pointed out by the learned counsel for the petitioner(s) that there is a lot of seepage in the premises leased out to them. Mr. Naresh Kumar Gupta, learned counsel for the Corporation, assures that the necessary repairs shall be carried out within two months. xx xx xx"

3. In view of the directions contained in the aforesaid judgment, we direct the respondent to implement the same and carry out the necessary repairs within a period of two months from today.

::: Downloaded on - 06/12/2019 20:26:17 :::HCHP 3

With these observations, the writ petition is disposed of, .

so also pending miscellaneous applications, if any.

                                              (L. Narayana Swamy)
                                                   Chief Justice




    5th December, 2019
       (Guleria)
                      r           to           (Jyotsna Rewal Dua)
                                                    Judge









                                             ::: Downloaded on - 06/12/2019 20:26:17 :::HCHP