Disposed

Sukhpreet Singh v. State of Pb. & Ors.

Punjab & Haryana HC12 Aug 2011CWP/1939/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking allotment of a land plot under Improvement Trust Rules. It directed the Improvement Trust to adjudicate whether the petitioner's predecessor was a 'local displaced person' and decide plot entitlement based on registered Wills, reserving the question of merits for the respondent authority.

What did the court decide?

CM allowed; Petitioner disposed of by direction to respondents to decide claim of entitlement.

Sukhpreet Singh Vs State of Pb. & Ors. — Property and Title | Punjab & Haryana HC (2011)

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CWP No. 1939 of 2006 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 1939 of 2006 (O&M) Date of Decision: 12.8.2011

Sukhpreet Singh

..Petitioner

Versus

State of Punjab and another

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

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Present: Mr. Puneet Jindal, Advocate for the petitioner.

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Mr. S.S.Sahu, AAG, Punjab for respondent no.1.

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Mr. A.P.Bhandari, Advocate for respondent no.2.

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RAJIVE BHALLA, J. ( ORAL)

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CM No. 7307 of 2011

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CM is allowed.

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Copy of guidelines (Annexure P-10) is taken on record.

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CWP No. 1939 of 2006

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Counsel for the parties pray that though the writ petition stands admitted and is now fixed for regular hearing, it may be taken up for hearing and decided.

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Ordered accordingly.

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The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to allot him a plot in accordance with the Land Disposal Rules, 1964/Utilization of Land and Allotment of Plots by Improvement Trust Rules, 1975 or such other rules or policy as may be applicable.

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Counsel for the petitoner submits that the petitioner's predecessors-in-interest, namely, Ishar Singh, the original owner of the land, was a “local displaced person”. After his death, the rights available

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CWP No. 1939 of 2006 2

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to Ishar Singh as a "local displaced person", devolved upon Nand Kaur by way of Will dated 19.2.1977. Upon the demise of Nand Kaur, the rights of Ishar Singh as a "local displaced person", have devolved upon the petitioner on the basis of a registered Will dated 28.1.1996. As a result, the petitioner is entitled to allotment of a plot as a "local displaced person".

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Counsel for the Improvement Trust submits that Ishar Singh, deceased, is not a "local displaced person" and, therefore, a plot cannot be allotted to the petitioner.

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I have heard counsel for the parties and perused the record.

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The petitioner alleges that he has succeeded to the rights of Ishar Singh, a "local displaced person", on the basis of two registered Wills dated 19.2.1977 and 28.1.1996 and is, therefore, entitled to allotment of a plot. The respondents oppose this prayer, without having taken any final decision in the matter. The statutory obligation to decide the rights of Ishar Singh as a "local displaced person", and the entitlement of the petitioner, or other heirs of Ishar Singh, admittedly, rests upon the Improvement Trust.

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In the absence of any adjudication with respect to the rights of "Ishar Singh" or the petitioner, the writ petition is disposed of with the direction to the Improvement Trust, to consider and decide whether Ishar Singh was a “local displaced person” and if so, his entitlement to a plot. In the eventuality of Ishar Singh's claim being accepted, as a "local displaced person", the Improvement Trust, Ludhiana, shall consider and decide about the allotment of a plot, on the basis of Wills dated 19.2.1977 and 28.1.1996.

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This order shall not be construed to be an expression of opinion on the merits of the present controversy.

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( RAJIVE BHALLA ) JUDGE

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12.8.2011 VK

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CWP No. 1939 of 2006 3

Sukhpreet Singh v. State of Pb. & Ors.

Case brief

What is this about?

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Sukhpreet Singh v. State of Pb. & Ors.

Case brief

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