K.D. BIJWAN Vs. COMMISSIONER, GARHWAL MANDAL

JUDGEMENT

(1.) THIS writ petition has been filed by the Petitioner challenging the order dated 29th January, 1992 and 30lh January, 1992 (Annexure No. 3 and 4 to the writ petition respectively), which have been passed by the District Panchayat Raj Officer, Tehri Garhwal.

(2.) THE case of the Petitioner in short is that he is a shop keeper and he was allotted a shop bearing Shop No. 9 at Narendra Nagar, Tehri Garhwal. However, he was more interested in getting Shop No. 8, which was adjacent to Shop No. 9 and it was also more convenient for him. Consequently, he applied to the concerned authorities, and since the shop belongs to the PWD, the Executive Engineer PWD vide its order dated 27 -9 -1990 directed that instead of shop No. 9, shop No. 8 be allotted to the Petitioner. The case of the Petitioner is that he had approached the concerned authorities in view of the order of the Executive Engineer, PWD and he took possession of the shop No. 8 on 25th January, 1992 and shifted his entire merchandise and goods therein. The Petitioner specifically alleges that he received a notice from the District Panchayat Raj Officer, Tehri Garhwal (who had earlier been allotted shop No. 8), directing the Petitioner to return to shop No. 9, and hand over the possession of the shop No. 8 to him. Subsequently thereafter, shop No. 8 was locked and sealed by the department. It is these orders, which the Petitioner has challenged.

(3.) A perusal of the order dated 29th January, 1992 indeed shows that the shop has been allotted to Respondent No. 6. In its rejoinder affidavit, Petitioner has alleged that the Respondent No. 6, who has filed the counter affidavit alleging that he is in possession of the shop, the shop could not have been allotted in favour of the Respondent No. 6 because there was no vacancy existing against the shop No. 8 etc, etc.