Civil Revision No.408 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.408 of 2009 Date of decision 27.1.2009 Chaman Lal Dhir and another .....Appellants versus Punjab Small Industries and Export Corporation Ltd. and another .....Respondents Coram:- Hon'ble Mr. Justice K. Kannan. Present: Mr. Mansur Ali with Mr. H. S. Deol Advocates for the petitioners. K. Kannan, J (Oral) 1. The purchase of an industrial shed which had been orginally allotted to the predecessor in interest of the purchaser was alleged to have been put to use contrary to the terms of the allotment and after a notice to show cause against the resumption, the Estate Officer passed an order on 9.5.2005 directing the handing over of the possession of the shed within 30 days from the issuance of the order. The order is issued by the Additional Managing Director which was impugned by means of a suit and claiming the relief of the resumption. The petition filed by the plaintiff was dismissed. 2. It is contended by the learned counsel for the revision petitioner that there had been no misuse of the premises and the nomenclature “commercial use” with reference to 15 shops were really the 15 rooms in the same shed and there had been no commercial utilisation of the property which was at variance with the initial conditions of allotment. 3. I have gone through the order of allotment that had been originally made by Punjab Small Industries and Export Corporation Ltd. in Civil Revision No.408 of 2009 -2- its proceeding dated 24.4.1997 and I find that Clause -21 of the Allotment specifically provides that in case of any dispute arising out of the allotment or in case of any differences in regard thereto, the same shall be referred to the Managing Director or any other officer appoint by him. The provision states that the decision of the person shall be binding on the allottee. The Clause still provides that in case of differences in disputes between the allottee and the Administrator, the Administrator shall have right to cancel the allotment and forfeit the fees. It is not seen whether the order of cancellation that has been made is passed by the person which the original terms of allotment contemplates. 4. Reserving the liberty of the petitioner to approach the Managing Director for appropriate relief on his complaint and for adjudication in the manner contemplated in Clause 21 of the original order of allotment dated 24.4.1997, the revision petition is dismissed. The representation shall be made by him within 15 days from the date of receipt of this order and the Managing Director shall dispose of the representation within 2 months thereafter. There shall be no eviction of the premises till the final decision in regard to the same. Order issue dasti. ( K. KANNAN ) JUDGE 27.01.2009 A. KAUNDAL