IMPORTANT POINT
.

Ajay Kumar Mittal, J.

1. Prayer in this petition filed under Articles 226/227 of the Constitution of India is for quashing the orders dated 2.5.2011, 5.8.2013, 26.9.2014, 22.3.2013 and 1.5.2014, Annexures P.8, P.10, P.14, P.12 and P.13 respectively passed by the respondent-authorities cancelling the lease in respect of Booth No. 270, Sector 22-C, Chandigarh.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The Chandigarh Administration launched a scheme known as allotment/transfer of built up booth in any Sector on lease/hire purchase basis in Chandigarh. The booth in question was allotted in the name of Shri Narottam Dass son of Shri Amar Nath vide letter of allotment dated 5.5.1993 on lease hold basis for a period of 99 years. Narottam Dass died on 4.1.1997. He during his life time had executed a Will dated 24.9.1993 bequeathing the booth in question to one Jaswant Singh, father of respondent No. 6 - Jagjit Singh. The Estate Officer conducted enquiry through its Tehsildar on 8.4.2002 and found one Raju son of Jaswant Singh to be in possession of the booth in question. A show cause notice dated 7.6.2002 was issued. During the proceedings before the Estate Officer, the said Jaswant Singh moved an application for transfer in his favour on the basis of Will which was accompanied with the death certificate of Narottam Dass besides No Objection from the legal heirs of the deceased allottee. The Estate Officer passed orders of cancellation dated 19.9.2003 but in appeal, the appellate authority remanded the case to the Estate Officer and set aside the order of cancellation of lease. Jaswant Singh being the beneficiary of the Will left by Narottam Dass was in possession of the booth in question. He was suffering from cancer and was in dire need of financial help. The petitioner and his family who were very closely associated with Jaswant Singh upon his asking offered help to him and as such agreement dated 27.9.2005 was executed wherein the business from the booth in question was to be run conjointly by the petitioner as well as Jaswant Singh in the ratio of 40:60. This partnership deed was dissolved and the possession of the entire booth alongwith the business to be conducted therefrom was handed over to the petitioner vide dissolution deed dated 5.11.2007. The petitioner paid another sum of Rs. 5 lacs vide receipt dated 5.11.2007, Annexure P.4 to Jaswant Singh. Jaswant Singh became the owner of the booth being beneficiary of the allottee Narottam Dass who executed the Will in his favour. Further, Jaswant Singh realizing that he had taken loan of around Rs. 8.50 lacs for which he had executed the receipts, executed Will dated 20.12.2007 in favour of the petitioner bequeathing the booth in question in his favour. Jaswant Singh died on 18.3.2008. The petitioner is enjoying the possession of the booth in question on account of his being the beneficiary of the Will left by Jaswant Singh after his death. He is undertaking the business of readymade garments in the name and style of Fashion Hut. After the death of Jaswant Singh, his legal heirs started disrupting the title of the petitioner. The petitioner filed suit for declaration to the effect that he is the owner of booth in question which is pending in trial court at Chandigarh. On remand by the appellate authority, respondent No. 1 again passed the order of cancellation of lease vide order dated 2.5.2011, Annexure P.8. Respondent No. 4 initiated proceedings under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short, "the 1971 Act") by virtue of show cause notice dated 13.9.2011, Annexure P.9. The order dated 2.5.2011 was challenged by the petitioner in appeal before the Chief Administrator which was dismissed vide order dated 5.8.2013, Annexure P.10. Still not satisfied, the petitioner filed revision petition before respondent No. 3. In the meantime, respondent No. 4 passed or