Non-publication of eviction order cannot trigger limitation: Himachal High Court

Non-publication of eviction order cannot trigger limitation: Himachal High Court

Shimla, Nov 3,

The Himachal Pradesh High Court has set aside an order rejecting a delayed appeal against eviction proceedings initiated by Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni, observing that the limitation period for challenging an eviction order cannot be calculated unless the order has been formally published as prescribed under law.

Allowing a petition filed by Uttam Chand in CWP No. 19286 of 2025, Justice Sandeep Sharma held that the statutory period of limitation for filing an appeal against an eviction order under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971, begins from the date of publication of the order and not merely from its announcement or communication to the affected individual.

The dispute arose after the Sub-Divisional Collector, Solan, ordered Uttam Chand’s eviction on November 10, 2023, in proceedings initiated over non-payment of rent arrears. The petitioner initially challenged the order before the District Judge, Solan, but subsequently withdrew the appeal after it was found not maintainable before that court and approached the Divisional Commissioner.

Since the appeal was accompanied by a delay of more than 148 days, an application seeking condonation of delay was also filed. However, the Divisional Commissioner rejected the application on September 23, 2025, citing the absence of a plausible explanation for the delay.

Challenging this decision before the High Court, the petitioner contended that the limitation period could commence only from the date of publication of the eviction order, which, in the present case, had never taken place.

Examining Section 9(2) of the Act, the High Court noted that an appeal against an order under Section 5 must be preferred within 30 days from the date of its publication. The Court found that the eviction order dated November 10, 2023, had neither been published nor did it contain any direction for publication. Significantly, the non-publication was admitted by both parties.

The Court observed that once the date for calculating limitation was not ascertainable because of non-publication of the eviction order, the petitioner’s plea for condonation of delay ought not to have been rejected outright. Instead, the Divisional Commissioner should have examined the application on its own merits.

Relying upon the Supreme Court’s judgment in Sarwan Kumar etc. v. Union of India etc., AIR 1975 SC 1737, the High Court reiterated the distinction between publication of an order and its personal communication. Publication, the Court noted, implies communication to the general public or a section thereof and cannot be equated with private communication to an individual.

Also read:Himachal HC directs HPPCL to pay enhanced compensation to Sawra-Kuddu landowners

While setting aside the Divisional Commissioner’s order, the High Court imposed a financial condition on the petitioner. It directed Uttam Chand to deposit Rs 7,75,710 towards outstanding rent for the period from September 2017 to February 20, 2026, within two weeks. The amount was based on the petitioner’s own calculations.

The Court further directed that upon deposit of the amount within the stipulated period, possession of the shop must be restored to the petitioner during the pendency of the appeal, enabling him to pursue his occupation. He was also directed to continue paying regular rent, failing which the University would be entitled to charge penal rent.

The Divisional Commissioner, Shimla, has been directed to decide the revenue appeal on its own merits. The High Court clarified that its intervention was limited to setting aside the rejection of the delay-condonation application and did not amount to a final adjudication of the underlying eviction dispute.

The petition was accordingly disposed of on November 2, 2026.

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