BADRI TIWARI Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Pursuant to the "Allotment/Transfer of Built-up Booths in any Sector on Lease/Hire Purchase Basis in Chandigarh Rules, 1991" (hereinafter referred to as 'the Rules'), a draw of lots was held on 23.03.2006 for allotment of built up platforms/booths in Sector 26 (Grain Market), Chandigarh, to the registered hand-cart/hawker licence holders. The petitioner was successful in the said draw. Consequently, a letter of intent dated 30.05.2006 (Annexure P-1) was issued by respondent No.1 to the petitioner, intending to allot him Platform/Booth No. 38 in Sector 26 (Grain market), Chandigarh. Accordingly, vide allotment letter dated 28.9.2006 (Annexure P-2), the aforesaid booth was allotted to the petitioner on lease hold basis, on the terms and conditions mentioned therein. However, vide order dated 04.02.2015 (Annexure P-4) passed by respondent No.3, lease of the said built up booth in favour of the petitioner was cancelled, due to non-execution of the lease deed by him. The petitioner challenged the said order by way of appeal (Annexure P-5) before respondent No.2, but he remained unsuccessful as his appeal was dismissed vide order dated 25.4.2016 (Annexure P-6). Feeling aggrieved against the said order, the petitioner filed revision petition (Annexure P-7), which too resulted into dismissal by respondent No.1 vide order dated 27.09.2016 (Annexure P-8).

(2.) Hence, by way of present writ petition under Articles 226/227 of the Constitution of India, the petitioner has sought issuance of a writ in the nature of certiorari for quashing the order dated 04.02.2015 (Annexure P-4) passed by respondent No.3 cancelling allotment of the booth in question in his favour; as well as the orders dated 25.04.2016 and 27.09.2016 (Annexures P-6 and P-8) passed by respondents No.2 and 1, dismissing his appeal and revision, respectively. The impugned orders have been challenged on the following grounds :-

(3.) After hearing learned counsel for the petitioner, we do not find any merit in the instant writ petition.