Rajan Gupta, J. - (1.) Petitioner has posed a challenge to the impugned order, Annexure P7, operative part whereof reads as under:- "So, in view of the facts enumerated above, it is amply proved on record that you have violated the terms and conditions of the rent agreement dated 1-2-1982 and even has failed to remove the violations/encroachments even after issuance of show cause notice and even failed to give any reply to the show cause notice, so your rent agreement executed between you and the Corporation (the then Council) is hereby cancelled & site of shops No. 18&20, Jagadhri Gate, Ambala City are hereby resumed. So, you are hereby directed to vacate the rented shops within 7 days from this notice, failing which the possession will be taken over by the Municipal Corporation, entirely at your risk and costs."
(2.) Aforesaid order has been assailed primarily on the ground that Commissioner, Municipal Corporation, Ambala had no jurisdiction to pass the order as same is vested in Joint Commissioner. Commissioner being appellate authority could not have passed order under section 408-A of the Act.
(3.) Learned State counsel as well as counsel appearing for the Corporation do not dispute the aforesaid contention.;