LPA No. 2125 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 2125 of 2011 Date of decision 25.11.2011 Chandigarh Administration . Appellant Versus Raja Ram Singh and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Vishal Sodhi, Advocate for the appellant 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 19.5.2011 rendered by the learned Single Judge holding that the writ petitioner- respondent is entitled to allotment of booth in the Rehri Market, Sector 22 D, Chandigarh as he fulfill the condition of continuous possession of site No. 81 in the aforesaid Rehri Market. In order to settle the controversy and on the suggestion made by Mr. Naveen Bawa, counsel for the appellant- Union Territory, a Local Commissioner was appointed on 18.1.2011 to ascertain as to who was in occupation of site No. 81, Rehri Market, Sector 22 D, Chandigarh. The Local Commissioner was also to ascertain the possible period from which the petitioner has been in occupation of the above site. The learned Single Judge categorically observed that the course of appointing Local Commissioner was adopted on the asking of the counsel for the appellant- Union Territory, Chandigarh and no objection was raised by him. The Local Commissioner submitted his report which was taken on record on LPA No. 2125 of 2011 2 14.2.2011. He recorded the finding that the writ petitioner- respondent had a booth in the Rehri Market, Sector 22 D, Chandigarh for many years and his to right to get the booth re-allocated thus was held to have survived. The learned Single Judge also satisfied himself while issuing notice of motion because the writ petitioner- respondent had produced a number of bills to show that he had purchased clothes from various agencies for selling at his site No. 81. 2. Having heard the learned counsel we are of the considered view that categorical findings have been recorded by the Local Commissioner in addition to other evidence on record showing that the writ petitioner- respondent had been in occupation of site No. 81, Rehri Market, Sector 22 D, Chandigarh. Accordingly he has been rightly held entitled to the allotment of booth by way of re-allocation. The appeal is wholly without merit and does not warrant admission. The same is accordingly dismissed. (M.M.Kumar) Judge (Rajiv Narain Raina) 25.11.2011 Judge okg