MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition prays for quashing order dated 18.1.2006 (P-6), declining the prayer of the petitioner for allotment of land under the wooden khoka (kiosk). The aforementioned order has been passed in pursuance to the directions issued by a Division Bench of this Court on 1/8/2005 in C.W.P. No. 11714 of 2005. The Division Bench while quashing a notice issued to the petitioner had directed the Municipal Council, Phagwara, to take appropriate action in the matter in accordance with law. It was further observed that before ordering eviction of the petitioner, the respondents were to examine the issue relating to the entitlement of the petitioner to seek regularisation of their possession in accordance with the policy framed by the Government.

(2.) Learned counsel for the petitioner has argued that the petitioner is admitted to be a tenant of the Municipal Council, C.W.P. No. 4592 of 2006 Phagwara and, therefore, the policy dated 18/5/1998 (P-2) fully applies to him. In this regard he has referred to the admission of the Executive Officer of the Municipal Council, Phagwara, in the court proceedings dated 10/5/1993 (P-7). According to the learned counsel, the petitioner becomes entitle to the allotment of land on the ground that he is a lessee/a tenant.

(3.) Having heard the learned counsel, we are of the considered view that by the impugned order dated 18/1/2006, the Executive Officer, Municipal Council, Phagwara, has found that the petitioner was having a temporary Teh Bazari (temporary permission to use land against payment) and as per the rules the same can be cancelled at any time. The status of the petitioner as determined by the Executive Officer is not that of a tenant/lessee. The Executive Officer has rejected the claim of the petitioner to be a lessee in the following words:-