IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 3111 OF 2009
DECIDED ON : 27.02.2009
Manjit Singh
...Petitioner
versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SURYA KANT
Present : None.
SURYA KANT, J. (ORAL)
The petitioner was allotted plot by the Municipal
Council, Sirsa in Auto Market No.1. It appears that on account of
non-payment of the installments regularly, the Municipal Council
has resumed his plot.
Relying upon an order dated 31.01.2007 passed by
the Director, Urban Development Haryana in the case of similarly
situated allottee, namely, Prakash Chand whose resumption order
was set aside with a direction to the Municipal Council to raise
fresh demand from him along with interest @ 15% per annum
and restore the allotment of the plot, the petitioner claims that
he is also entitled for the similar relief. With a view to strengthen
his claim, the petitioner also relies upon an order dated
24.07.2008 passed by the Division Bench of this Court in C.W.P
No. 17410 of 2007 (Mahesh Kumar Vs. State of Haryana and
others) which was also a case of an allottee like the petitioner
C.W.P NO. 3111 OF 2009 -2-
and this Court, after approving the decision taken by the
Director, Urban Development Haryana, referred to above,
restored the allotment of the plot in favour of the petitioner on
the same terms and conditions as were imposed by the Director,
Urban Development Haryana in the case of Prakash Chand.
The petitioner has, however, rushed to this Court
without first raising his claim before the respondent authorities.
In these circumstances and without expressing any views on the
merits of his claim, I deem it appropriate to dispose of this writ
petition with a direction to respondent No.3-Municipal Council,
Sirsa to treat this writ petition as a representation on behalf of
the petitioner and dispose of the same in the light of order dated
31.01.2007 of the Director, Urban Development Haryana, as well
as, the order dated 24.07.2008 passed by this Court in C.W.P
No. 17410 of 2007 (Mahesh Kumar vs. State of Haryana and
others).
The needful shall be done within four months from the
date of receipt of certified copy of this order.
Disposed of.
FEBRUARY 27, 2009 (SURYA KANT) shalini JUDGE