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Sheela Goyal & Ors. Vs. Advisor to the Administrator, UT, Chandigarh & Ors.

[Civil Appeal No. 10199 of 2017 @ Special Leave Petition (C) No. 34620 of 2016]

KURIAN, J.

1. Leave granted.

2. The appellants approached this Court, aggrieved by the cancellation of the allotment of a booth on the ground that the appellants had violated the conditions of allotment. When the matter came up before this Court on 05.12.2016, this Court passed the following order :- "Learned counsel appearing for the petitioners submits that Shri Mohan, who was running the boutique by the name Diana Boutique was an employee of the husband of Petitioner No.1.

The husband of petitioner No.1 died in the year 2010 and thereafter the petitioner No.1 has been running the tailoring shop and that the Diana Boutique is the concern of the petitioner No.1 herself. In view of the above submissions, issue notice, returnable on 30.1.2017. The petitioners shall produce the licence to conduct the shop on the next date of hearing. Liberty is granted to file additional documents, if any. There shall be stay of dispossession, until further orders."

3. Thereafter, the counter affidavit and the rejoinder affidavit have been filed.

4. Having heard the learned counsel on both sides, we are of the view that Appellant No. 1 should be granted an opportunity for making a fresh representation, undertaking that she herself will be continuing the booth and will not sub-let it to anybody. Such representation be filed within two weeks from today.

5. Subject to the representation thus being filed before the Administrator, the same shall be considered by the Administrator after affording an opportunity of hearing to Appellant No. 1, who shall herself appear before the Administrator and satisfy him that the booth will be run by herself and that will not be sub-let.

6. Till the Administrator passes orders on the representation, as above, the status quo obtaining as 3 on today with regard to possession will be continued.

7. With the above observations and directions, this appeal is disposed of.

No costs.

.......................J. [KURIAN JOSEPH]

.......................J. [R. BANUMATHI]

New Delhi;

August 04, 2017.

Item No.53 Court No.5 Section IV-B

Supreme Court of India

Record of Proceedings

Sheela Goyal & Ors. Vs. Advisor to the Administrator, UT, Chandigarh & Ors.

[Petition(s) for Special Leave to Appeal (C) No(s). 34620/2016 arising out of impugned final judgment and order dated 19-09-2016 in CWP No. 19236/2016 passed by the High Court of Punjab & Haryana at Chandigarh]

Date: 04-08-2017

This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE KURIAN JOSEPH

HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s)

Ms. Anubha Agrawal, AOR

For Respondent(s)

Mr. Gopal Singh, AOR

Ms. Vimla Sinha, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in terms of the signed non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of.

Jayant Kumar Arora

Renu Diwan

Court Master

Assistant Registrar

Signed non-reportable Judgment is placed on the file



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