IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 8452 of 2007
DATE OF DECISION: November 28, 2008
Ashok Kumar and another
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE JORA SINGH
Present: Ms. Rajwinder Kaur, Advocate,
for Mr. T.K. Joshi, Advocate,
for the petitioners.
Mr. Dinesh Nagar, Advocate,
for respondent Nos. 2 & 3.
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in
the Digest?
M.M. KUMAR, J.
1. The petitioners have approached this Court with a prayer
for issuance of direction to the respondents to allot Booth No. 88-B,
Sector 11, Panchkula, which came to be allotted to them as per draw
of lots held by HUDA on 24.2.2003 (P-5).
C.W.P. No. 8452 of 2007 2
2. When the matter came up for consideration on
18.11.2008, it transpired that at one stage a mini draw of lot was held
for the purpose of finding out which booth site could be allotted to
the petitioners in lieu of Booth Site No. 88-B, Sector 11, Panchkula.
In the mini draw of lot, Booth No. 117, Sector 11, Panchkula was
picked up for the petitioners and they were declared successful. They
claimed that Booth Site No. 117 is equivalent to Site No. 88-B
because the parking facility in both the sites is available. However,
later on the Commissioner and Principal Secretary to Government,
Haryana again asked for holding of a mini draw and the petitioners
were found successful in respect of Booth No. 67-B, Sector 11,
Panchkula, which was not acceptable to them for lack of parking
facility. We have asked learned counsel for respondent Nos. 2 and 3
to seek instructions as to why order be not issued for allotting Booth
Site No. 117, Sector 11, Panchkula, which was allotted to the
petitioners after mini draw of lot. In fact, in para 1 of the preliminary
objections of the reply filed by respondent Nos. 2 and 3 reference has
been made to a decision to allot Booth No. 117, Sector 11, Panchkula,
to the petitioners. However, the passing of order on 18.11.2008 was
necessitated on account of contrary stand taken in para 11.
3. At the hearing today, learned counsel for respondent
Nos. 2 and 3 has stated that Booth No. 117, Sector 11, Panchkula,
shall be allotted to the petitioners and the stand taken in preliminary
objection regarding that decision is correct. Accordingly, the writ
petition is disposed of with a direction to respondent Nos. 2 and 3 to
issue letter of allotment, if not already issued, in favour of the
C.W.P. No. 8452 of 2007 3
petitioner in respect of Booth No. 117, Sector 11, Panchkula,
expeditiously but not later than one month from the date of receipt of
a certified copy of this order.
4. The writ petition stands disposed of in the above terms.
(M.M. KUMAR)
JUDGE
(JORA SINGH)
November 28, 2008 JUDGE
Pkapoor