In a writ petition challenging eviction and seeking transfer of a hawkers license inherited from a deceased mother, the High Court dismissed the plea as devoid of merit due to the petitioner's prolonged delay and inaction regarding previous survey proceedings and representation submissions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CWP No.22164 of 2016 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.22164 of 2016 (O&M) Date of decision: 07.11.2016
Mobin Raja
..... Petitioner
Versus
Union Territory of Chandigarh and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Rahul Jaswal, Advocate, for the petitioner.
RAMENDRA JAIN, J.
CM No.14166 of 2016
Additional affidavit filed along with the application is taken on record as Annexure P-6 subject to all just exceptions. Office to tag the same at appropriate place.
C.M. stands disposed of.
CWP No.22164 of 2016
Put pithily, mother of the petitioner was allotted a booth in the year 1990-91 under the hawkers license of Rehri Market, Sector 39-D, Chandigarh and was carrying on the business of confectionary at shop No.15, Sector 39-D (Rehri Market), Chandigarh. Chandigarh Ravinder Singh 2016.12.06 15:00I attest to the accuracy andAdministration constituted the screening committee to allot built up booths authenticity of this document
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CWP No.22164 of 2016 (O&M)
to the hawkers having hawkers license. On 21.12.2007 at about 12.30 to 1.00 p.m. the screening committee conducted the survey through videography in Rehri Market, Sector 39-D, Chandigarh. However, on that day mother of the petitioner had gone to perform the Namaz of Id-ul-zuha, therefore, her shop was found closed. When the mother of the petitioner came to know about the survey, she immediately made representation (Annexure P-2) before respondent No.2 to re-conduct the survey and consider her case for allotment of built up booth. In the year 2011 mother of the petitioner passed away and thereafter petitioner inherited the said business. Petitioner approached respondent No.2 – Estate Officer, U.T., Chandigarh for transfer of license of his mother in his name. Petitioner came to know that respondents were going to remove the khokha (shop) of the petitioner and other persons, who do not have the license. As a consequence thereof, petitioner moved representation (Annexure P-5) before respondent No.2, however, no action has been taken on the same.
Ravinder Singh 2016.12.06 15:00 I attest to the accuracy and authenticity of this document
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CWP No.22164 of 2016 (O&M)
The above conduct of the petitioner shows that by taking the
Ravinder Singh 2016.12.06 15:00 5. I attest to the accuracy and authenticity of this document
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CWP No.22164 of 2016 (O&M)
undue aid of this Court, he illegally wants to prevail upon the respondents to consider his ingenuine claim.
respondents.
( RAMENDRA JAIN ) JUDGE
November 07, 2016 ( AJAY KUMAR MITTAL ) R.S. JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Ravinder Singh 2016.12.06 15:00 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether petitioner is entitled to discretionary relief under writ jurisdiction given prolonged delay in seeking transfer of license.
Whether petitioner's claim for booth allotment constitutes an ingenuine claim based on acquiescence.
Mobin Raja
Union Territory of Chandigarh
Estate Officer U.T. Chandigarh
Ramendra Jain
Ajay Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
