Ritu Bahri, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash the order dated 02.07.1990 passed by respondent No. 3 (P -3) and order dated 25.08.1992 passed by respondent No. 2 (P -4) and order dated 12.05.1993 passed by respondent No. 1 (P -5) and further prayer is for issuance of direction to the respondents to permit the petition to run the business of tailoring as a small scale industrial unit in the residential house. The petitioner is a tenant in House No. 2, Sector 15 -A, Chandigarh for the last about thirty years and is having his residential house in the said accommodation. The petitioner is doing the work of tailoring at his residence in a style where the show window sale counter board etc are put in. The petitioner takes stitching orders from various places and stitches those clothes at his residence without causing any inconvenience or nuisance etc to any neighbours or any other person. The main building is being occupied by the petitioner for having his residence in the house, whereas in a small room he has his sewing machine and does this job without the held and aid of any other worker.
(2.) A notice for resumption of house under Section 8 -A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act') was issued to the petitioner as well as to the owner of the house Smt. Gurbir Kauf, as per the orders of the Estate Officer, U.T. Chandigarh. The petitioner, gave reply to the said notice and stated that it had already become the policy of the State Government to allow such small business as an industry in the residential accommodations. The news item as published in the newspaper. 'The Tribune' is dated 29.3.1979 (P -1) which clearly shows that the Chandigarh Administration allowed these small scale industries to be run in the residential houses. In the year 1975, the Chandigarh Administration in black and white issued memo dated 04.11.1975 wherein 14 small scale units were allowed to be run in residential houses which includes the tailoring business. A copy of letter dated 11.12.1980 issued from the office of Home Secretary to respondent No. 3 is P -2 wherein the above said memo has been referred. Feeling unsatisfied with the reply given by the petitioner, the Estate Officer resumed the above said house and passed an order dated 02.07.1990 (P -3). Aggrieved against the order dated 02.07.1990, the petitioner preferred an appeal before respondent No. 2, which was also dismissed on 25.08.1992 (P -4). The petitioner filed a revision against the above said orders which was also dismissed vide order dated 12.5.1993 (P -5). On 21.12.1992, the petitioner made an application for permission to establish the business of tailoring in the residential accommodation. Similar applications were made in different cases e.g., that of Mrs. Arvinder Kapoor who was granted permission by respondent No. 3 in the year 1989 vide P -7 and before that also Mrs. Arvinder Kapoor has also get her business registered as a small scale industrial unit in the residential accommodation vide P -8 dated 07.07.1983. The petitioner's tailoring business is registered as small scale industrial unit by the Chandigarh Administration under the number 535303976 dated 04.11.1992 (P -9) under the name and style of M/s. Bhatnagar Tailors Proprietary .
(3.) LEARNED counsel for the petitioner submits that once the tailoring unit of petitioner has been registered as per Annexure P -9, the resumption orders are liable to be set aside.;