IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.05.2025 SANJIV KUMAR ……Petitioner Versus STATE OF U.T. (THROUGH ADVISER TO ADMINISTRATOR) &

ORS. …..Respondents CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MR. JUSTICE ALOK JAIN Present:- Mr. Shivam Bansal, Advocate for the petitioner.

Mr. Amit Jhanji, Senior Standing Counsel, U.T, Chandigarh with Mr. Sumeet Jain, Advocate for the respondents.

SUDHIR SINGH, J.

The petitioner has sought issuance of a writ in the nature of Certiorari quashing the impugned order dated 27.01.2021 (Annexure P-10) passed by the Managing Director, Chandigarh Industrial and Tourism Development Corporation Ltd., whereby the allotment of shed No.8, Village Mauli Jagran, U.T., Chandigarh was cancelled with a direction to handover its vacant possession within 7 days and further quashing of the orders dated 08.04.2021 (Annexure P-12) and 27.01.2021 (Annexure P-13), whereby the appeal and revision filed by the petitioner, were dismissed.

2. It is the case of the petitioner that industrial shed No.8, Village Mauli Jagran, Union Territory, Chandigarh, was allotted to Smt. Renu Garnal vide letter dated 31.01.1992 on lease hold basis for HIMANSHU a period of 99 years for the trade of tailoring. The petitioner claims himself to be the Sub-General Power of Attorney (GPA) of Smt. Renu Garnal (the original allottee). The petitioner has pleaded that one Mr. Ashwani Mittal, an old acquaintance and a close friend of the petitioner, had approached him to let the latter the aforesaid shed for a short period to run a liquor vend therefrom. The petitioner orally agreed to allow the said Ashwani Mittal to run his liquor vend from the aforesaid premises till the time he found a suitable place to run it. When the petitioner had been persuading the said Ashwani Mittal to vacate the aforesaid premises, he was issued a show cause notice dated 09.09.2020 by the CITCO. Another notice dated 25.09.2020 was issued by the CITCO making a mention of their earlier show cause notice issued on 09.09.2020, whereby the allottee was directed to close the liquor vend within 3 days of the said notice and accordingly, the allottee was called for personal hearing on 01.10.2020. The petitioner replied to the said notice on 06.10.2020. Another notice for personal hearing was issued to the allottee/petitioner on 16.10.2020. The aforesaid notices were challenged by the petitioner by way of a civil suit. However, in the meantime, the respondent-authorities again issued the notice dated 03.11.2020 but, the petitioner could not appear due to his ill health owing to COVID 19 Pandemic. The allottee/petitioner was given last opportunity to appear before the respondent-authorities on 05.01.2021, but he could not appear due to his illness and, thus, without considering the request of the petitioner to grant him more time, the Managing Director, Chandigarh Industrial & Tourism HIMANSHU Development Corporation Limited, vide order dated 27.01.2021 (Annexure P-10) cancelled the allotment of the aforesaid shed. Aggrieved their-against, the petitioner filed an appeal before the Chief Administrator, Union Territory, Chandigarh, but the same was dismissed vide order dated 08.04.2021 and even the revision against the said order was also dismissed by the Adviser to the Administrator, Union Territory, Chandigarh vide order dated 16.09.2022.

3. Learned counsel for the petitioner has vehemently argued that the cancellation of any unit or shed is the last resort with the administrative Authorities and in the instant case, the allotment of the shed has been cancelled without considering the said legal aspect. It is further argued that the petitioner had duly explained the reason before the Authorities that the shed in question had been used for running a liquor vend by Ashwani Mittal, a close friend of the petitioner, who had been so granted the said premises due to the constrained circumstances at his end. It is, thus, argued that the impugned order