Lisa Gill, J. - (1.) THE petitioner in this case challenges the order of cancellation of Booth No. 201, Sector 34 -C, Chandigarh dated 27.08.1985 as well as the orders dated 3.10.1989 and 22.09.1991 passed by the Appellate and Revisional Authority, respectively, upholding the order of cancellation of allotment. The petitioner is stated to be subletee/tenant of the original owner, namely, Gurcharan Singh and Harbans Kaur.
(2.) THE Booth was allotted to Gurcharan Singh and Harbans Kaur on lease hold basis under the scheme framed by the Chandigarh Administration for rehabilitation of shopkeepers uprooted from the Nehru and Shastri Market, Sector -22, Chandigarh. As per conditions of allotment, the lessee is not entitled to transfer the building without the prior permission of the Estate Officer for a period of 15 years and further more the said building or any part thereof could not be sublet as per the provisions of the scheme. The Estate Officer, Chandigarh vide order dated 02.09.1985 cancelled the lease of the above mentioned booth as the allottee had violated the terms and conditions by subletting the booth to the petitioner. The order under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was passed pursuant to the order of cancellation of lease. The petitioner's appeal against the said eviction order was dismissed and the Civil Writ Petition No. 5500 of 1988 filed by him was ultimately decided on 05.02.2010. It is pertinent to note that it was projected before the learned Single Judge that the appeal filed by the petitioner against the order of cancellation of allotment was pending before the Chief Administrator, Chandigarh. The eviction proceedings were, thus, quashed as the final adjudication on the order of cancellation was stated not to have been rendered and further direction for concluding the proceedings in appeal was issued to the competent authority, vide order dated 05.02.2010 in Civil Writ Petition No. 5500 of 1988 (Annexure P -4).
(3.) IT is equally apt to mention here that not only the appeal but also the revision petition filed by the petitioner under Rule 22(4) of the Chandigarh Lease Hold of Sites and Building Rules, 1973 against the cancellation order stood dismissed vide orders dated 03.10.1989 passed by the Chief Administrator, Chandigarh and 22.02.1991 passed by the Advisor to the Administrator, U.T. Chandigarh, respectively.;