DHS told not to make forcible entry to GMSH chemist’s shop
Chandigarh, January 21
Additional District Judge Rajeev K Beri has restrained the Director, Health Services (DHS), UT, from making forcible entry in the chemist shop number 6 at Government Multi-Speciality Hospital (GMSH) in Sector 16 during the pendency of a suit without following due course of law.
The court passed the order while allowing an appeal of the chemist, Sunil Kumar, filed through counsel Munish Dewan, against dismissal of his injunction application by the lower court on January 4 this year. The application was against a notice issued by the DHS on December 22 wherein the chemist as directed to vacate public passage and restore the load bearing wall within three days.
In the appeal, the chemist prayed for issuing a direction to restrain the DHS from interfering and forcibly entering the rented premises under his possession while further seeking staying of the operation of the December 22 order during pendency of the appeal.
Dewan argued before the court that as per the first lease deed dated January 20, 1993, and also as per the latest lease deed of the year 2019, the shop was let out to the chemist by referring it as shop number 6. Its dimensions were not given. Dewan argued that the respondents claimed lesser area on the basis of a drawing of the year 1978, while the tenancy of appellant started only from the year1993.
The counsel alleged that under the garb of such dispute, defendants were threatening to enter the premises in the possession of the chemist, the lease of which is valid till February 17, 2024.
On the other hand, Gagandeep Singh Wasu, who was appearing for the DHS, argued that the suit was an abuse of the process of law. The chemist had no cause of action to file it when he already had filed a civil suit. Wasu said the plaintiff had encroached on the adjoining public passage and doubled the size of his shop. He committed serious structural violation by removing load bearing walls, further endangering life and safety of the public at large, Wasu alleged.
After hearing of the arguments, the court allowed the appeal of the chemist, while setting aside the order of the lower court. The court said the defendants were restrained from making forcible entry to the shop number 6 during the pendency of this suit without following the due course of law.
