CWP No. 19400 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19400 of 2008 Decided on : 14-11-2008 Sarwan Kumar ....Petitioner VERSUS Chandigarh Administration ....Respondents CORAM:- HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE JORA SINGH Present:- Mr. Krishan Singh, Advocate for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M.KUMAR, J The petitioner has approached this Court with a prayer for quashing order dated 13.4.2007 (Annexure P-3) and further order dated 2.4.2008 (Annexure P-6). Order dated 13.4.2007 has been passed by the Estate Officer, U.T., Chandigarh rejecting the claim made by the petitioner that he is entitled to be allotted a Booth in lieu of the site no. 38 Rehri Market, Sector 22-D, Chandigarh because he used to transact his Kiryana business on the afore-mentioned site. Further the Estate Officer has given a categorical finding in his order that the Screening Committee examined the case of the petitioner earlier in Lok Adalat in the presence of various members of the Rehri Market present there. The Tehsildar, Lok Adalat Tehsildar was deputed to verify the facts who reported after inspection of site no. 38, Rehri Market, Sector 22-D, Chandigarh that all the times one Raj Kumar Singla was found working at the site and found doing the CWP No. 19400 of 2008 2 business of Kiryana. He further reported that the petitioner has either sold the site to Sh. Raj Kumar Singla or it stood sub-let to him because the prior was not found working there. The Screening Committee after going through the report of the Tehsildar and the version of other Rehriwalas who were present in the Lok Adalat had rejected the claim made by the petitioner because he had admitted the fact of giving the site to Sh. Raj Kumar Singla. Accordingly, it is proved that he was not working in the market and had given the site to Sh. Raj Kumar Singla for monetary gains which he wanted to grab obtaining the benefit of the scheme by getting allotment of a booth. The Committee expressed the view that the benefit of the scheme cannot be given to a person like the petitioner and recommended the cancellation of his licence and registration. The afore-mentioned order has been upheld by the Appellate Authority i.e. The Chief Administrator, U.T., Chandigarh by rejecting the appeal vide order dated 2.4.2008 given in Annexure P-6. 2. Having heard learned counsel for the petitioner, we are of the considered view that the instant petition is wholly mis-conceived as it has been found that the petitioner has not been found working in site no.38, Rehri Market, Sector 22-D, Chandigarh and in fact has handed over the site to Sh. Raj Kumar Singla who has been working throughout by transacting his Kriyana business on the afore-mentioned site. 3. There is, thus, no merit in the petition. 4. Dismissed. (M.M.Kumar) Judge November 14, 2008 (Jora Singh) rekha Judge