C.W.P. No.5500 of 1988 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5500 of 1988 Date of Decision:05.02.2010 Hardeep Kumar son of Shri Harbans Lal Chadha ....Petitioner Versus The Estate Officer, Union Territory, Sector 17, Chandigarh and others ....Respondents Present: Mr. S.S. Sudan, Advocate for the petitioner. None for respondent Nos.1 to 3. Mr. A.P. Bhandari, Advocate for the respondents No.4 and 5. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Contemporaneous to proceedings for resumption of a booth allotted to respondent Nos.4 and 5, the authorities had taken also action for eviction for alleged unauthorized occupation under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Against the order of resumption itself, there was an appeal under Rule 22 to the Chief Administrator, Chandigarh. The petitioner has stated in the writ petition about the pendency of the appeal. The order in challenge is the order of eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. 2. I do not think it is necessary to render an adjudication C.W.P. No.5500 of 1988 -2- against the order of eviction under provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971, for the decision to evict shall have to necessarily follow whether the property is liable for resumption. If a final adjudication on the issue of resumption still awaits consideration in appeal before the Chief Administrator, the eviction cannot be yet ordered. The impugned proceedings are quashed and I direct that the appeal which is reported to be pending before the Chief Administrator to be disposed of. The Chief Administrator himself is not a party and the 1st respondent namely the Estate Officer, Union Territory, who had been pursuing the action for eviction shall take necessary steps to have the notice served through the Chief Administrator and the proceedings shall be completed within a period of 12 weeks from the date of receipt of the copy of the order. 2. The writ petition is allowed on the above terms with liberty to the Administration to pass appropriate orders in the appeal filed by the petitioner as aforesaid. (K.KANNAN) JUDGE February 05, 2010 Pankaj*