NARESH MARBLE Vs. CHANDIGARH ADMINISTRATION U.T.

JUDGEMENT

(1.) THIRTY eight petitioners, who are carrying on the business of dealing in marble at the out skirts of the City Chandigarh have approached this Court under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of Mandamus directing the respondents to provide alternative site for marble market at the subsidised rate. They further pray that the respondents be restrained from forcibly dispossessing the petitioners from the land in question till alternative sites are provided to them.

(2.) VIDE order dated 8th July, 2003, a Division Bench of this Court had issued notice of motion to the respondents returnable on 11.7.2003. Thereafter, matter was listed before the Court on 11.8.2003 for arguments. After hearing the arguments, the Court directed the learned counsel for the Chandigarh Administration to seek complete instructions and the case was adjourned to 12th August, 2003 on which date, learned counsel appearing for the Chandigarh Administration has placed on record the copy of the letter dated 11th August, 2003 relating to the controversy subject matter of the writ petition. The following is the relevant part of the said letter :

(3.) IN view of the above, it is not necessary for us to go into the details of the merits or otherwise of the contentions raised before us. However, we may notice that the very right of the petitioners to claim a relief in terms of their prayer is questionable aspect in law and facts. No notice has been served on the petitioners for forcible dispossession and they even do not have any cause of action. It was stated at the bar that the government has acquired the said land and is entitled to utilise its land as per its policy and in accordance with law. The petitioners have no vested right in the said land.