CHANDER BHAN Vs. CHANDIGARH ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) THE facts as given in the petition may briefly be stated thus: -

(2.) CHANDER Bhan, Petitioner, is carrying on the business of Karyana in the name and style of M/s. Karnal Provision Store, in shop No. 41, Sector 15 -D, Chandigarh. The Petitioner is a tenant of Bachan Singh, Respondent No. 3, who purchased the site on which he constructed the shop from the Chandigarh Administration . The shop was rented to the Petitioner by Bachan Singh at a monthly rent of Rs. 340/ - for the purpose of running Karyana business in the said shop. It is further stated that the Estate Officer Chandigarh, in exercise of his powers under Section 8 -A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as the 'Development (sic)') resumed the site of the shop and further forfeited 10% of the money paid in respect thereof. The resumption, order was passed on the sole ground that the site was being used as Karyana shop in breach of Clause 16 of the allotment order, as accordingly to the said Clause the shop could only be used for semi -industrial purpose. The order of resumption is attached with the petition as Annexure P -1.

(3.) IT is further averred that Respondent No 3 did not appear before the Estate Officer either personally or through a counsel and allowed the resumption order to be passed against him. As no appeal was filed by Respondent No. 3, the Petitioner filed an appeal against the order of resumption before the Chief Administrator, Chandigarh, but the said appeal was dismissed on 8th September, 1975, on the short ground that the Petitioner has no locus standi to file the appeal. Thereafter, the Estate Officer by his order dated 21st October, 1975, ordered the eviction of the Petitioner from the shop in dispute. The present petition has been filed calling in question the legality and propriety of the resumption order, as well as of the order of eviction passed against the Petitioner.