BACHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing CWP No.8226 of 1998 filed by the owner of site no.179, Sector-26, Grain Market, Chandigarh and CWP No.3133 of 1992 filed by a tenant of the said site. However, the facts are being taken from CWP No.8226 of 1998 to dictate the order.

(2.) As per facts on record, petitioner was allotted the above-said site in an open auction on 6.2.1972, on free hold basis. It was meant for use of godown purposes. After constructing a godown, petitioner rented out the same. However, the tenant started misusing the site. Thereafter, petitioner filed a civil suit for eviction of the tenant on 12.3.1985. During pendency of the proceedings in the civil suit, the Estate Officer started proceedings against the landlord on the ground of misuses of the site in dispute and ultimately resumed the site on this very ground.

(3.) The petitioner went in appeal stating that without any fault on his part, the site in dispute has been ordered to be resumed. Misuse of the site in dispute was on the part of tenant, noting the same, an ejectment application has been filed by the petitioner. However, the appeal was dismissed on 24.12.1990 (P-2). In the meantime, tenant approached this Court by filing CWP No.3133 of 1992, wherein operation of order of resuming the site in dispute was stayed. Thereafter, petitioner went in revision petition, which was also dismissed on 19.2.1998.