IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 19306 OF 2007 DATE OF DECISION: July 14, 2009. Parties Name Ashok Kumar Chadha ..PETITIONER VERSUS Housing Board Haryana and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. A.K. Jain, Advocate, for the petitioner. Mr. Arun Walia, Advocate, for respondents No. 1 and 2. JASBIR SINGH, J. (oral) JUDGMENT: CM No. 11343 of 2009: C.M. Application is allowed and replication is taken on record. CWP No. 19306 of 2007 This writ petition has been filed with a prayer to quash notice dated November 14, 2007 (P-5), vide which the petitioner was called upon to show cause as to why plot allotted to him, be not resumed, for violation of allotment policy of the respondent. It was alleged against him, in that notice, that he was using residential accommodation for commercial purposes, i.e. Hostel/ Paying Guests. It is on record that earlier also, petitioner came to this Court by filing Civil Writ Petition No. 14965 of 2003 CIVIL WRIT PETITION NO. 19306 OF 2007 -2- and vide order dated May 17, 2005, opportunity was granted to him to make a representation, to be decided by the Chief Administrator, within stipulated period. He filed representation, which was disposed of by the officer concerned vide order dated December 2, 2005, wherein after hearing both the parties, it was observed that renting out of house to 'multiple tenants' does not amount to commercial use of residential accommodation. By stating as above, counsel argued that the present show cause notice for committing similar violations is not maintainable. In reply, it has been stated that the petitioner is using the building in question for running a paying guest facility. At the time of arguments, counsel for the petitioner states that the petitioner be given an opportunity to file reply to the show cause notice and directions be issued to the respondent to take a final decision after giving hearing and an opportunity to lead evidence, to the petitioner. To this prayer, counsel for the respondent has no objection. In view of consensus arrived at between the parties, liberty is given to the petitioner to file reply to the show cause notice. He may do so within two weeks from today. Thereafter, the Estate Officer, shall decide the matter after giving opportunity of personal hearing to the petitioner. Petitioner be also allowed to lead evidence, if need be, in his favour. The writ petition stands disposed of accordingly. July 14, 2009 ( Jasbir Singh ) DKC Judge