IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7319 of 2007 Date of decision: January 29, 2009. Bharat Bhushan ...Petitioner(s) v. Union Territory Chandigarh Administration & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Pawan Bansal, Advocate for the petitioner. Shri K.K. Gupta, Advocate for the respondents. ORDER Surya Kant, J. - (Oral): The petitioner seeks quashing of the order dated 17.7.2006 (Annexure P-13) whereby his claim for allotment of a site under the scheme known as “The allotment of Sites on Lease Hold Basis to Auto Spare Parts Dealers and Auto Repair Mechanics in Chandigarh Scheme, 1999” has been rejected by the Screening Committee and the earnest money deposited by him has been refunded. Notice of motion was issued and in response thereto, counter affidavit has been filed by the respondents. There is no denial to the fact that on the basis of the survey conducted in June, 1997, the petitioner figured in the list of 1307 persons whose claims were to be considered for allotment of sites. Subsequently, the petitioner has been held to be ineligible on the ground that as per Clause 4 of the Scheme, only those persons enlisted in the survey conducted in the month of June 1997 could be eligible for allotment of the site who were not running the business of Auto Repairs/Spare Parts in the site/shop meant for such a purpose. According to the respondents, the petitioner is owner in possession of SCF No.41, Sector 21-C, Chandigarh in which he has been running the business of auto-spare parts. Learned Counsel for the Respondents has taken a categoric stand that the petitioner is entitled to run the business of auto-spare parts in the said SCF, which is meant for semi- industrial general and that no penal action, whatsoever, shall be taken against him on that count as the sale of auto-spare parts fall within the category of semi-industrial general. For the reasons afore-stated, I do not find any merit in this writ petition, which is accordingly dismissed. January 29, 2009. [ Surya Kant ] kadyan Judge