TARA SINGH Vs. ADMINISTRATOR, UNIONTERRITORY

JUDGEMENT

(1.) C.M. which is filed in Court is directed to be numbered by the Registry. It is allowed and the legal representatives are brought on record subject to all just exceptions. Registry shall carry out necessary amendment in the memo of parties.

(2.) The writ petition contains a challenge to an order of resumption passed in relation to a property that had been originally transferred in the year 1957 to one Malkiat Singh. It appears that the transferee from the Chandigarh Administration had purported to have effected transfer in favour of the petitioner-Tara Singh on 14.05.1973. The property had been assigned for a residential use but when the person, who had been in possession of the property, had been subjecting the property to a non-residential use, an action for eviction was issued under the Capital of Punjab (Development and Regulation) Act, 1952 by the Estate Officer. At the enquiry, it appears that the original transferee Malkiat Singh had filed his reply stating that he had transferred his property since long and that he had no concern with the property. The Administration had issued a notice to one Pindi Dass Bhasin and it bears out through the record that notice of enquiry had been sent to him as well as to the occupier on various occasions and ultimately, an order for eviction was made which is impugned in the writ petition.

(3.) The complaint of the petitioner is that he had sent a copy of the sale deed on 03.03.1981 and had sought for bringing his name to be entered in the records and the name of the seller namely Malkiat Singh to be deleted. The Administration had its own response to reject this plea, that the property had already stood resumed and hence, the plea for mutation could not be entertained.