RATTAN LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking a writ in the nature of certiorari for quashing the order dated 16.11.2010, vide which, Verka booth of the petitioner, situated at Government Civil Hospital, Phase-VI, Mohali, was closed/locked and order dated 16.02.2011 (Annexure P-13) passed by respondent No.2.

(2.) Petitioner made an application dated 06.04.2010 (Annexure P-1) to the General Manager, Milk Plant, Mohali, requesting him to grant permission to run Verka Booth in Civil Hospital, Phase-VI, Mohali. Thereafter, a meeting was held 09.06.2010 under the supervision of Managing Director to discuss the matter of opening of Verka booth in the premises of Civil Hospital, Mohali. A decision was taken in the meeting that opening of booth would be in the public interest and if the results are found satisfactory, then the project may be opened in all main Civil Hospitals by the Punjab Health Systems Corporation. In this regard, a letter dated 06.07.2010 (Annexure P-2) was sent by the Director to the General Manager, Milk Fed, Mohali along with proceedings of the meeting. Thereafter, the General Manager sent a letter dated 16.08.2010 (Annexure P-3) to the Director, Punjab Health Systems Corporation-respondent No.2, copy of which, was also given to the petitioner. Perusal of this letter goes to show that in response to the letter/application dated 06.04.2010 given by the petitioner he was informed that he had been allotted space for opening a Verka Milk Bar in the premises of Civil Hospital, Phase-VI, Mohali. He was directed to deposit the security of Rs.20,000/- with Milk Plant, Mohali. He was further directed to submit an agreement on the stamp paper of Rs.50/-. He was also informed that the construction cost of Milk Bar as well as installation charges of electricity meter would be borne by him. He was further directed to deposit the rent of Rs.1500/- per month on six monthly basis i.e. Rs.9000/- in advance. The rent was to be escalated at the rate of 5% on annual basis. The agreement was to operate for three years w.e.f. 16.08.2010. After receipt of the aforesaid letter, the petitioner paid Rs.9000/- to respondent No.3 as rent for six months vide receipt dated 23.08.2010 (Annexure P-4) and Rs.20,000/- as security vide receipt (Annexure P-5). Thereafter, an agreement dated 23.10.2010 (Annexure P-6) was executed between the Ropar District Cooperative Milk Product Union Ltd. Mohali and the petitioner. After making the necessary payments, the petitioner got constructed a booth and obtained an electricity connection in his name. After completion of entire formalities, he started running a Verka Booth in the premises of the hospital since 17.09.2010. However, his booth was locked/sealed vide order dated 16.11.2010 passed by respondent No.2 on the ground that sanction of running the Verka Booth from the office of Managing Director of respondent No.2 had not been obtained. Thereafter, the petitioner met the Director of Public Health Systems Corporation, but all in vain. Ultimately, the petitioner sent a legal notice dated 29.11.2010 (Annexure P-8) to respondent No.2 through his counsel. Thereafter, the petitioner met the Health Minister, Punjab, who directed that permission of running Verka Booth for one year be given to the petitioner. In this regard, a letter (Annexure P-9) was sent by the Senior Medical Officer (E), Civil Hospital, Mohali to the Managing Director-respondent No.2. Despite this letter, respondent No.2 did not take any action to allow the petitioner to re-open his Verka Booth. Thereafter, the petitioner filed Civil Writ Petition No.719 of 2011 titled as 'Rattan Lal Vs. State of Punjab and others' and vide order dated 14.01.2011 (Annexure P-11), this Court directed respondent No.2 to take appropriate decision in the matter within 10 days. Consequently, vide order dated 16.02.2011 (Annexure P- 13) passed by respondent No.2, the request of the petitioner for reopening of the Verka booth was rejected.

(3.) On notice, written statement has been filed by respondent No.2, admitting that the petitioner was issued a letter for opening a booth in Government Hospital, Mohali on 16.08.2010 (Annexure P-3). Thereafter, an agreement was executed between respondent No.3 and the petitioner. The letter of allotment and the agreement were executed by misinterpreting the meeting dated 06.07.2010. It was a tentative view taken for installation of Verka Milk Booth in Government Civil Hospital, SAS Nagar, Mohali. The minutes of the meeting dated 06.07.2010 had to be approved by the Health Minister, Punjab, for signing of the MOU with MILKFED for subletting the same. Therefore, respondent No.3 could not allot setting up of Verka Milk Booth in the premises of Government Civil Hospital without formal approval from the Health Minister. In this background, vide order dated 16.02.2011, instructions were issued to respondent No.3 to take necessary steps for cancellation of illegal/unauthorized booth and removal of construction. The alleged proceedings of the meeting dated 06.07.2010 (Annexure P-2) were sent to respondent No.3 for information. In anticipation of these proceedings, the petitioner had written a letter dated 06.04.2010 (Annexure P-1) to respondent No.3 for giving approval for erection of the Milk Booth in Civil Hospital, Phase-VI, SAS Nagar (Mohali). The land belonging to Civil Hospital, Mohali, could not be let out without prior approval of the concerned department. Therefore, respondent No.3 could not allot the Milk Booth on the land, which belonged to the Government and after the proceedings dated 06.07.2010, a formal approval and MOU had to be signed between the concerned department and respondent No.3. Until and unless specific approval was granted, the petitioner could not construct the Verka Booth after getting the electricity connection and thereafter, proceed with his business in the said booth. In this background, respondent No.3 was advised to take action for cancellation of the agreement.