The petitioner sought a writ of mandamus for allotment of a non-existent plot based on a transfer from a previous allottee. The court dismissed the petition, noting inordinate delay and the presence of disputed factual issues unsuitable for writ jurisdiction.
None. The writ petition was dismissed.
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CWP No.11806 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
Civil Writ Petition No.11806 of 2011 Date of decision: 11.7.2011
Majorjit Singh
...Petitioner
Versus
State of Punjab & others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Jaideep Verma, Advocate for the petitioner.
Rajan Gupta, J (oral).
The petitioner seeks a writ in the nature of mandamus to direct the respondents to allot an alternative plot to him in view of original plot No.102-D, measuring 500 sq. feet by making necessary correction in Office Order No.7047 dated 28th December, 1990 on the ground that original plot does not exist on the spot.
Learned counsel for the petitioner has argued that Ludhiana Improvement Trust had allotted a plot measuring 500 sq. yards to a society known as Atam Nagar Co-operative House Building Society Ltd. Out of same, one plot bearing No.102-D in Model Town Extension was allotted to Kishan Singh, a member of the society. However, since no plot existed at the spot, Kishan Singh sold the said plot to the petitioner. According to counsel, petitioner is entitled to allotment of said plot from the Improvement Trust by making necessary correction in the allotment letter, as plot No.102-D does not exist at the spot. He
CWP No.11806 of 2011 2
submits that a mere correction in allotment letter dated 28th December, 1990 would serve the purpose of the petitioner and thus a writ of mandamus be issued by this court for this purpose.
I have heard learned counsel for the petitioner and given careful thought to the facts of the case.
A perusal of letter, Annexure P-6, shows that same is addressed by the Chairman, Improvement Trust, Ludhiana to the President of Atam Nagar Co-operative House Building Society Ltd., Ludhiana, mentioning certain plot numbers which are stated to be allotted to the said society. The petitioner claims that one of the plots mentioned in the said letter was allotted to Kishan Singh, who later sold the same to the petitioner. According to counsel, the petitioner has thereafter, been pursuing the matter with the Trust but no tangible result has followed. This is despite the fact that a resolution, Annexure P-11 was passed by the Trust wherein necessary corrections in allotment letter dated 28th December, 1990 were directed to be made. It appears that the allotment letter in favour of Kishan Singh was issued by the society and not by the Improvement Trust. The allotment is stated to have been made in the year 1990. The present petition has been filed 21 years thereafter. No reason is forthcoming for inordinate delay in invoking the writ jurisdiction of this court. This apart, there is nothing on record to show that petitioner acquired any right by virtue of letter, Annexure P-6, which was issued by a society. The said letter is purported to have been issued to one Kishan Singh. Only averment in
CWP No.11806 of 2011 3
the petition is that Kishan Singh transferred his rights to the petitioner. It is not clear how such a transfer was made. Besides, in view of averments made in the petition regarding wrong plot number mentioned in the letter, Annexure P-6 and subsequent communications, it is evident that disputed questions of fact are involved which cannot be adjudicated upon in writ jurisdiction of this court. I am, thus, of the considered view that the petition is without any merit and the same is hereby dismissed.
(RAJAN GUPTA) JUDGE 11.7.2011 'rajpal' To be referred to the Reporters or not: Yes / No
1 issue framed by the court
Whether the court can adjudicate on disputed questions of fact regarding the allotment and transfer of a plot in writ jurisdiction.
Majorjit Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
