Disposed

Bhagwant Singh v. Imp. Trust Amritsar and Ors.

Punjab & Haryana HC16 Oct 2006CWP/16268/2006

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging an immediate public auction of a shop site. The court directed the respondent to adjudicate the petitioner's claim of 1984 riot victim status via detailed representation within two weeks and issue a decision within three months thereafter.

What did the court decide?

Directed respondent to adjudicate petitioner's claim regarding entitlement to purchase property within specified timelines.

Bhagwant Singh Vs Imp. Trust Amritsar and Ors. — Property and Title | Punjab & Haryana HC (2006)

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C.W.P NO. 16268 OF 2006

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision : October 16, 2006

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Bhagwant Singh ............Petitioner

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Vs.

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Improvement Trust, Amritsar & others .........Respondents

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CORAM: HON'BLE MR. JUSTICE VINEY MITTAL HON'BLE MR. JUSTICE H.S BHALLA

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Present: Mr. Anil Chawla, Advocate for the petitioner(s).

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Mr. Sukhdip Singh Brar, Additional Advocate General, Punjab.

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Viney Mittal, J. (Oral)

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The petitioner has approached this Court challenging the Public Auction Notice dated October 7, 2006 issued by Amritsar Improvement Trust, Amritsar with regard to the auction of the site Shop-cum-Office no. 27, District Shopping Centre, Ranjit Avenue, Amritsar. The auction is fixed and proposed to be held today i.e on October 16, 2006. It has been averred by the petitioner that he belongs to 1984 riot victim category and as such the aforesaid site of Shop-cum-Office No. 27, which according to the petitioner has been earmarked for sale to a 1984 riot victim, could not be put to a

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C.W.P NO. 16268 OF 2006

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public auction.

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Sh. Anil Chawla, learned counsel appearing for the petitioner at the outset states that the petitioner would be satisfied if at this stage, Amritsar Improvement Trust, Amritsar, respondent no.1 is directed to adjudicate and decide upon the claim made by the petitioner by him, being eligible as a 1984 riot victim and entitled to purchase the said site.

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In view of the fair stand taken by the learned counsel for the petitioner, we dispose of the present petition with a liberty to the petitioner to approach Amritsar Improvement Trust, Amritsar through a detailed and comprehensive representation, by appending all the relevant documents, within a period of 2 weeks from the date a certified copy of the order is received. On filing of the aforesaid representation by the petitioner, Amritsar Improvement Trust, Amritsar-respondent no.1 shall take a final decision on the said representation within a further period of 3 months, by passing a detailed and speaking order and after affording an opportunity of hearing to the petitioner or his authorized representative.

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We however, make it clear that in case any order adverse to the petitioner is passed, the petitioner would be at liberty to seek his remedies in accordance with law including the challenge to the auction of the property, if it takes place in the meantime.

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Copy of the order be given dasti under the signatures of the Special Secretary attached to the Bench.

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( VINEY MITTAL ) JUDGE

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October 16, 2006 ( H.S BHALLA ) ritu JUDGE

Bhagwant Singh v. Imp. Trust Amritsar and Ors.

Case brief

What is this about?

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Bhagwant Singh v. Imp. Trust Amritsar and Ors.

Case brief

What is this about?

What did the court decide?

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