C.W.P.No.14173 of 2007 -1- In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.14173 of 2007 Date of Decision:19-3-2008 Smt. Krishana Devi ---Petitioner vs. State of Haryana and others ---Respondents Coram: Hon'ble Mr. Justice M.M.Kumar Hon'ble Mrs. Justice Sabina Present: Mr.Pankaj Maini, Advocate, for the petitioner Mr. Ashish Kapoor, Addl. Advocate General, Haryana, for respondents No. 1, 2 and 5 M.M.Kumar,J. The prayer made by the petitioner in the instant petition is for quashing notifications dated 6.4.2007 and 25.8.2007 (P-12 and P-15 respectively). In pursuance to the aforementioned notifications, respondents have invited applications for grant of Jai Jawan Tea Stall at Bus Stand Hisar for the year 2007-08 by flouting the instructions issued by respondent Nos. 1 and 3 in that regard. A further prayer for quashing letter dated 9.5.2007 issued by respondent no. 3 has also been made vide which the right of the petitioner has been rejected by ignoring the recommendations made by respondent No. 5 vide letter dated 11.4.2007(Annexure P-13). When the matter came up for consideration on 4.3.2008, this C.W.P.No.14173 of 2007 -2- Court had expressed prima facie view that if the new policy is to be devised by making new criteria, then the same was to operate prospectively and it could not be applied to the allottees like the petitioner, who was allotted the tea stall in the year 1977. Accordingly, a detailed order had been passed directing the respondents to allot Jai Jawan Tea Stall to the petitioner by restoring the same site or erecting a new tea stall without disturbing the allotee Smt. Dhapan Devi. Order dated 4.3.2008 reads as under:- “During the course of arguments, learned State counsel has pointed out from preliminary objection 2 of the written statement filed by the General Manager, Haryana Roadways, Hisar that new policy of allotment of Jai Jawan Tea Stall at various bus stands has been finalised on account of various allottees like the petitioner, who were already in business started violating the terms and conditions and became commercial minded. They do not bother to get the stalls renewed on year to year basis. They started charging higher rates and the quality of items to be sold also became poor. The hygienic conditions were also not maintained properly. We are prime facie of the view that the new policy, if any, is to operate prospectively, which would not result into eviction and removal of allottees like the petitioner, who were in business since 1997. On the basis of the new policy, criteria for removal of 1998 allottee could not be laid down. C.W.P.No.14173 of 2007 -3- Considering the nature of the issue, we direct the learned State counsel to seek instructions regarding the restoration of the allotted Jai Jawan Tea Stall to the petitioner or erecting a new Jai Jawan Tea Stall to her without disturbing the allottee Smt. Dhapan Devi. List again on 19.3.2008. Copy of this order be given dasti under the signatures of the Court Secretary.” In pursuance to the aforementioned direction issued, the respondents have now placed on record a letter dated 18.3.2008 (Mark 'A'). According to the letter, the petitioner has now been allowed to use the tea stall near In/Out Gate where the petitioner had tea stall earlier, on temporary basis. The order dated 4.3.2008 is made absolute. However, if the respondents are to take any decision adverse to the petitioner, then she shall be given four weeks notice . After the adverse decision, if taken, no effect should be given to that decision for further four weeks. Writ petition stands disposed of in the above terms. A copy of this order be given dasti on payment of usual charges. (M.M.KUMAR) JUDGE ( SABINA ) JUDGE March 19, 2008 paramjit