( 1 ) THE petitioner challenges the validity of the notice of re-entry upon cancellation of licence w. e. f. 28. 4. 1985, issued by the Estate Department, dated 22. 1. 1996 purporting to be on behalf of the respondent No. 1. The said notice required petitioner to vacate the Stall No. 12-A, Janpath within ten days from the date of its receipt and to pay damages at the market rate w. e. f. 28. 4. 1985. He also challenges the validity of an earlier notice dated 22. 12. 1995 issued by the Estate Department to the petitioner to show cause why his licence should not be cancelled w. e. f. 28. 4. 1985.

( 2 ) IT is undisputed that there was a space 6 x 4 in area in between Stall No. 12 and 13 at Janpath known as PIAO area (hereinafter called the PIAO ). In 1977, the PIAO was allotted to the petitioner in lieu of his earlier allotment of space No. 83 at R. K. Ashram Marg, New Delhi (Annexure A ). This allotment was confirmed vide letter dated 23. 2. 1979 (Annexure B) on payment of monthly licence fee Rs. 15. 00 per sq. ft. by the petitioner. On 2. 2. 1984, the respondent No. 1 addressed a letter to the petitioner containing a proposal to construct 3 mini stalls at the sit