LPA No.353 of 2011 --1-- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 353 of 2011 (O&M) Date of Decision : 11.08.2011 Hari Chand Toki ... Appellant Versus The Chairman, Chandigarh Housing Board .... Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE VIJENDER SINGH MALIK Present: Mr. Shamsher Singh, Advocate for the appellant. -- Hemant Gupta, J.(Oral) The present appeal under Clause X of Latters Patent Act is directed against the order passed by the learned Single Judge on 30.08.2010, whereby the writ petition challenging the cancellation of allotment of dwelling unit No.2753/2 Sector 47-C, Chandigarh, was dismissed. Hari Chand Toki, petitioner was allotted the aforesaid dwelling unit on 23.01.1987 on hire purchase basis at a monthly installment of Rs.381/- per month. Since the appellant did not pay any installment, a show cause notice was issued for cancellation of the allotment. The allotment in question was cancelled on 06.06.1995. In pursuance of the said cancellation, the appellant has been evicted on 02.02.2006. The appellant challenged the cancellation of dwelling unit by way of an appeal before the Chairman, Chandigarh Housing LPA No.353 of 2011 --2-- Board, Chandigarh. The said appeal was dismissed as not maintainable on 18.10.2006. However, the Adviser to the Administrator, UT, Chandigarh remanded the matter to the Chandigarh Housing Board, vide order dated 03.09.2008 holding that the appeal is maintainable. Thereafter, the Chandigarh Housing Board passed a speaking order inter-alia pointing out that the appellant has not paid any installment after taking over physical possession on 04.03.1987. It is also noticed that the appellant got the aforesaid allotment out of discretionary quota. Therefore, the cancellation of allotment of dwelling unit cannot be said to be unjustified. In revision against the order, the Adviser to the Administrator, UT Chandigarh noticed that the petitioner has executed General Power of Attorney in favour of Surinder Kaur after cancellation of allotment and that the appeal filed by the appellant has rightly dismissed by the Chandigarh Housing Board. Still aggrieved, the appellant has filed the appeal, which was dismissed inter-alia on the ground that the appellant has failed to pay the due installments to the Chandigarh Housing Board without any justification and then woke up after several years pleading no knowledge of the impugned cancellation. A perusal of the record shows that Hari Chand Toki, petitioner has got the allotment of dwelling unit by way of discretionary quota but having obtained state largesse, he failed to deposit any installment. It is the purchaser/ General Power of Attorney, who is said to have deposited installments. LPA No.353 of 2011 --3-- We do not find any illegality or irregularity in the order passed by the authorities and the learned Single Judge, which may warrant interference in appeal before this Court. ( Hemant Gupta ) Judge ( Vijender Singh Malik ) Judge 11.08.2011 dinesh