NATIONAL EDUCATION COMPANY Vs. ESTATE OFFICER

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioners seek the issuance of a writ in the nature of certiorari for quashing the order dated 16.10.1989 (Annexure P-5) passed by respondent No. 1 i.e. the Estate Officer, Chandigarh Administration, Chandigarh, insofar as it relates to the direction for the acceptance of the National Textile Agency (respondent No. 3) as the lessee of the demised premises, namely, ground Floor of SCO No.49, situated in Sector 17-E, Chandigarh (hereinafter referred to as "the premises in dispute"). The petitioners also seek quashing of the order dated 22.5.1990 (Annexure P-7) passed by respondent No. 2 i.e., the Chief Administrator, Chandigarh Administrator, Chandigarh whereby the Appeal/Miscellaneous application of the petitioner No. 1 against the order (Annexure P-5) has been dismissed. The petitioners also pray for the issuance of a writ in the nature of Mandamus directing the respondents to treat the petitioners as the lessees of the premises in dispute.

(2.) The parties have exchanged elaborate pleadings, from which the essential facts for the adjudication of the controversy in the present writ petition have been culled out.

(3.) Petitioner No. 2 Salek Chand Jain son of Shri Kundan Lal Jain, had been carrying on the business of selling Sports goods and allied products at Chandigarh since July, 1961 under the name and style of M/s National Educational Company (petitioner No. 1), which was a sole proprietorship concern owned by petitioner No. 2.