OM PARKASH SHARMA Vs. ESTATE OFFICER U T

JUDGEMENT

(1.) THIS order will dispose of C. W. P. s. No. 6331, 6329, 7016 of 1988 and 7679 and 8713 of 1989, as common questions of law and facts are involved therein. Facts have been taken from Civil Writ Petition No. 6331 of 1988.

(2.) PETITIONER in Civil Writ Petition No. 6331 of 1988 was leased out Site No. 3209, Sector 32-D, Chandigarh, measuring 528. 13 sq. yards in an open auction for Rs. 47,000/ -. The terms and conditions were contained in allotment letter dated 20. 6. 1975. Petitioner was required to make entire payment of lease money in three annual instalments, besides initial deposit of 25% at the time of bidding. Over and above that, the petitioner was required to make payment of annual rental every year. However, petitioner made default in making payment of instalments. Notice was issued to the petitioner under Rule 20 of Chandigarh Lease Holding of Sites and Buildings Rules, 1973 (in short, the 1973 Rules ). After the said show-cause, order of resumption was passed by the Estate Officer, which was affirmed in appeal by the Chief Administrator, Chandigarh, and thereafter, a revision petition preferred against the order of Estate Officer as well as Chief Administrator, was dismissed. This is how the present petition has been filed by the petitioner, impugning the notice and orders passed by the respondents, resuming the site in question.

(3.) CONSEQUENTLY , Civil Writ Petitions No. 6331, 6329, 7016 of 1988, 7679 and 8713 of 1989 shall stand allowed. Notices as well as orders passed by the respondents are quashed. If the petitioners are still in default, the Estate Officer shall have the option to take appropriate proceedings against the petitioner in accordance with law.