- (1.) The challenge in the present writ petition is to the orders dated 18.12.1996 (Annexure P.7); 24.1.2001 (Annexure P.13); 14.9.2001 (Annexure P.19); 14.6.2002 (Annexure P.25) and orders dated 4.3.2008 (Annexures P.24 and P.26.)
(2.) The case has a long and chequered history, but suffice it to say that the petitioners were granted permission to use Unit No. 16 situated on the ground floor of the Hotel Shivalik-View, Sector 17, Chandigarh as a licensee for 3 years for carrying out the business of Textile and Readymade Garments vide letter dated 1.2.1991. Later, the petitioners intended to change the business from Textile Readymade Garments to that of Immigration Consultancy Services. But pending permission, the petitioners started the business of Immigration Consultancy. The petitioners were served with a show cause notice on 3.11.1995 for using the premises for a purpose other than the purpose for permission was granted. In reply to the letter dated 29.8.1996, the petitioners informed the respondents that the Immigration Consultancy business has been closed. It was on 18.12.1996, the licence granted to the petitioners was terminated for violating the terms of the licence. The petitioners were informed that Clause No. 23 of the allotment letter has been violated and therefore, the licence of Shop No. 16 in the Shopping Arcade of the Hotel Shivalik-View is terminated. The petitioners were directed to hand over vacation possession by 23.12.1996. It is pleaded by the petitioners that copy of the order dated 18.12.1996 was never communicated to the petitioners, but the premises were sealed on 23.12.1996.
(3.) On 28.1.1998, the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the Act'), passed an order of eviction against the petitioners. The petitioners filed an appeal against the said order, which was dismissed on 12.3.1998. The petitioners filed a writ petition before this Court challenging the order of eviction. The said writ petition bearing CWP No. 14642 of 1998 was disposed of as infructuous vide order dated 27.9.2000, with liberty to the respondents to proceed against the petitioners in accordance with law. The said order reads as under:- "On January 28, 1998, the Estate Officer held that the petitioners are in unauthorised occupation on the ground that their "Licence has been terminated due to violation of Clause No. 23 of the Licence for the reason that the shop is occupied for more than one year without any adequate reasons". On this basis the petitioners were directed to vacate the premises. The petitioners filed an appeal. It has been dismissed by the District Judge, Chandigarh vide order dated March 12, 1998. Copies of the two orders have been produced on record as Annexures P.8 and P.10. The petitioners state that these orders are illegal and should, thus, be quashed. ;