SOM NATH Vs. STATE OF U.T.

JUDGEMENT

(1.) The petitioners have approached this Court for issuance of a writ in the nature of certiorari for quashing the order dtd. 15/5/2003 (Annexure P-6) passed by Chief Administrator, U.T., Chandigarh-respondent No.1 whereby the appeal against the order dtd. 28/2/1996 (Annexure P-4) directing cancellation of license in respect of allotment bearing SCR No.88, Karsan, Phase II, Chandigarh was dismissed and the order of eviction dtd. 17/5/1999 (Annexure P-5), passed by the Estate Officer, Chandigarh-respondent No.2 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were upheld. The petitioners have prayed for setting aside the above orders impugned in the present writ petition in view of the liberty granted by the learned District Judge on 2/5/2022 (Annexure P-8) while disposing of the Civil Appeal No.349 of 2017.

(2.) The facts of the case are that one Faquir Chand was allotted the site i.e. SCR No.88, Karsan Colony, Phase-II, Ram Darbar, Chandigarh by respondent No.2 and a licence was issued on 4/7/1985 (Annexure P-I). Faquir Chand had executed a Registered Will dtd. 19/2/1996 and he had bequeathed his estate to the petitioners in equal shares. Faquir Chand after raising construction started his business in the said plot. Vide partnership agreement dtd. 5/1/1988, one Devki Nandan joined his business as a partner. After gaining confidence of Faquir Chand, Devki Nandan obtained the thumb impression of Faquir Chand on certain documents/ blank papers. Faquir Chand found out that Devki Nandan had treacherously got executed Power of Attorney in his favour on 30/12/1988. Accordingly, on 25/9/1989, Faquir Chand revoked the Power of Attorney in the favour of Devki Nandan. Ultimately, when Devki Nandan died in the month of December, 1995, Faquir Chand tried to take possession of the premises but the wife of Devki Nandan refused to vacate the site.

(3.) On 3/4/1996, the competent Authority under the Licensing of Tenement and Sites and Services in Chandigarh Scheme, 1979, issued a show cause notice to the allottee on the allegation of under-hand sale in the contravention of the condition No.5 of the allotment letter. The order of cancellation was passed on 28/2/1996 (Annexure P-4) by the competent Authority. After the death of Faquir Chand on 17/10/1998, the petitioners claimed to have become the owner of the property on the basis of the registered Will dtd. 19/2/1996 and immediately thereafter, the petitioners applied to respondent No.2 for the transfer of the ownership in their names.