MANOHAR LAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) BAY Shop No. 54 -55, Sector 15 -D, Chandigarh, was purchased by petitioner No. 1 in an open auction. A part of this shop was let out to respondent No. 5. The said respondent started selling handloom goods in the shop. Since the premises had been allotted to the petitioner for running of a bakery, the respondents initiated proceedings for the resumption of the site on the ground of misuse of the premises. The petitioner's appeal and revision etc. have failed, he has approached this Court through the present writ petition. The petitioners had initiated proceedings for the eviction of respondent No. 5. Ultimately, the said respondent had given an undertaking that he would stop the misuse. Thus, the revision petition filed by the petitioner was withdrawn. However, the respondents have not withdrawn the orders of resumption. Hence this petition.

(2.) MR . Arun Jain, learned Counsel for respondent No. 5 -the tenant, states on instructions from Mr. Sham Lal, who is present in Court, that he will not sell anything but bakery products in the premises. He further states that in case he sells any article other than a permissible item, he would be liable to be evicted from the premises in dispute. Mr. Sarin has also produced photographs (Mark 'A' and Mark 'B') to show that the sale of handloom goods has been stopped.

(3.) IN view of this situation and for the reasons given by the Bench in C.W.P. No. 16235 of 1993 decided on September 29, 2000, the orders passed by the respondent authorities for the resumption of the premises are set aside. The premises are restored to the petitioners. It is, however, clarified that in case the petitioners or respondent No. 5 misuse the premises in future, the Administration shall be entitled to take action against the defaulter in accordance with law.