SHAM LAL BRIJ LAL Vs. DEPUTY COMMISSIONER PATIALA

JUDGEMENT

(1.) THE facts leading to this petition under Arts. 226 and 227 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to deliver possession of shop No. 13 forming part of a market known as the Sher-i-Punjab Market, Patiala to the petitioner, are either admitted on all hands or stand proved from the records maintained in the offices of the Chief Engineer and the Executive Engineer P. W. D. (B and R), Punjab which have been produced for the inspection of the Court and are these. In the year 1950 a bomb exploded in Oila Mubarik, Patiala (a property then owned by the Pepsu Government) and in consequence 13 persons including the petitioner, who were occupants of shops adjoining the Oila suffered heavy losses. In the same year Pepsu Government constructed 123 shops in the Old Jail premises at Patiala and gave them collectively the name of Sher-i-Punjab Market (hereinafter referred to as the Market ). A Committee consisting of the Chief Secretary, the Chief Engineer, the Superintending Engineer and the Deputy Commissioner, Patiala, was constituted by the Pepsu Government in order to formulate a scheme for the allotment of the said shops. Such a scheme was prepared and was sanctioned by the Pepsu Government. Its mains features appear in a notification dated the 2nd August, 1950, issued by the Executive Engineer, P. W. D. (B and R), Patiala Division, and its relevant provisions may be reproduced here with advantage :--

(2.) TEMPORARY stall-holders in Chowk Fort Mubarik.

(3.) DISPLACED persons occupying space in Chowk Fort Mubarik.