JASBIR SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) This petition has been filed for quashing the order Annexure P-5 passed by the Assistant Estate Officer, exercising the powers of the Estate Officer, Chandigarh for resumption of House No. 115, Sector 8-A, Chandigarh on the ground of mis-use of residential premises and orders Annexure P-6 and P-7 passed by the appellant as well as revisional authorities confirming the order of the Assistant Estate Officer.

(2.) A bare reading of the order/Annexure P-5 shows that proceedings under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 were initiated against the petitioners on the ground of misuse of residential premises and the order for resumption was passed because the misuse was found to be continuing.

(3.) On November 15, 1990, this Court had while issuing notice of motion, stayed dispossession of the petitioners from the house in question. For last almost 8 years the stay order has remained operative and the petitioners have retained possession of the house in question.