R.S.A. No. 2780 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2780 of 2008 Date of decision: 3.9.2008 Ilam Singh .. Appellant v. Chandigarh Administration and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Ms. Madhu P. Singh, Advocate for the appellant. .. Rajesh Bindal J. The plaintiff-appellant (hereinafter described as `the appellant') is in appeal before this Court against the concurrent findings of fact recorded by both the Courts below, whereby the suit filed by him for declaration and permanent injunction was dismissed. Briefly, the facts are that the appellant filed a suit for declaration and permanent injunction to the effect that non- inclusion of his name in the public notice/list published on 17.5.2008 regarding holding of draw of lots on 19.5.2003 for the allotment of built up booths by the defendants-respondents (hereinafter described as `the respondents') to the registered license holders of Rehri Market, Sector 11, Chanigarh under the “Allotment/transfer of built up booths in any Sector on lease/Hire purchase basis in Chandigarh Rules, 1991” is arbitrary and against the principles of natural justice. The appellant claimed himself to be eligible being a registered license holder in the Rehri Market. The suit was contested by the respondents with the plea that the claim of the appellant was considered and rejected by the Screening Committee after scrutinising and considering the same. It was submitted that on verification by Tehsildar (E), it was revealed that appellant had raised six small shops around his house bearing No. 884, Dadu Majra Colony on government land. He was getting Rs. 3,000/- per month from his four tenants. Remaining shops were being run by his son- Ashok Kumar. Though the appellant had disclosed his income as low, but he was earning more than Rs. 7,500/- per month and accordingly, he was not entitled for consideration for allotment of a booth in Sector 11, Chandigarh. The learned trial Court considered the entire material on record and dismissed the suit which order was upheld in appeal by the lower Appellate Court. Learned counsel for the appellant submitted that the Courts below had not appreciated the material on record in its true perspective and misread the R.S.A. No. 2780 of 2008 [2] evidence on record. The material before the Courts below was not sufficient to hold that the appellant is earning more than Rs. 7,500/- per month. He is a poor man with a large family to support. His son is residing separately and has his own family to support. Having heard learned counsel for the appellant, I do not find any merit in any of the submissions made by her. It has come on record that besides earning Rs. 3,000/- per month as rent from the tenants from the shops constructed by the appellant, in the other shop his son was carrying on business of Computer Cafe and stationery. The material on record to that effect remained unrebutted. The appellant, while appearing as P.W. 1, admitted his signatures on document Ex.D.W.1/A. From this document, it is evident that while appearing before the Screening Committee, he got his statement recorded admitting therein the fact of construction of shops, receipt of rent and the business being carried on by him along with his son. The statement of the appellant, as forming part of document Ex. D.W.1/A, is extracted below: “Present: Sh. Ilam Singh s/o Sh. Bulaki Ram, R/o House no. 884, Dadu Majra Colony, U. T. Chandigarh appeared before the screening committee i.e. On 3.2.2003 and admitted to the facts that outside his house on Govt. land constructed five shops and all are given on rent. Further admitted that he along with his sons running the computer cafe and stationery shops in an outside the residence.” Keeping these facts in view, in my opinion, no illegality has been committed by both the Courts below in dismissing the suit filed by the appellant, no question of law much less a substantial question of law arises. Accordingly, the present appeal is dismissed. (Rajesh Bindal) Judge 3.9.2008 mk