Synopsis

This judgment by a Division Bench of the Gujarat High Court dismisses an intra-court appeal (Letters Patent Appeal) filed by a trade union against the order of a Single Judge. The union had sought a writ of mandamus to be restored to possession of a room in the Surat Municipal Corporation's main office, which had been allotted to it under a license in 2018. The union alleged that it was forcibly evicted in November 2025. The Single Judge had dismissed the writ petition, holding that a licensee has no legal right to continue in possession against the will of the owner, especially in the absence of any terms of lease or payment of rent. The Division Bench affirmed, noting the lack of clarity about the exact premises, the absence of a subsisting legal right, and the delay in filing the appeal. The court also recorded that the Corporation was using the premises for its own administrative purposes.

1. Heading for the judgment

Citation: Akhil Bharatiya Safai Kamdar Sangathan v. The State of Gujarat & Ors., R/Letters Patent Appeal No. 243 of 2026, decided on 23.03.2026 (Gujarat High Court - DB)
Coram: Hon'ble The Chief Justice Mrs. Sunita Agarwal and Hon'ble Mr. Justice D.N. Ray (Division Bench)
Core Law: Constitutional Law (Article 226), Law of Licenses, Administrative Law.

Gujarat High Court dismisses intra-court appeal of trade union evicted from municipal premises, holds that licensee has no right to continue against owner's will and writ of mandamus cannot restore possession.

2. Legal framework

This judgment deals with the scope of writ jurisdiction in matters concerning possession of property owned by public bodies.

• Constitutional Law

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