IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CIVIL WRIT PETITION NO. 13093 OF 2009
DATE OF DECISION : August 26, 2009.
Parties Name
Gurcharan Singh
...PETITIONER
VERSUS
State of Punjab and another
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. S.K. Sandhir,
Advocate, for the petitioner.
JASBIR SINGH, J. (oral)
ORDER:
This writ petition has been filed with a prayer that writ of
mandamus be issued to respondent No. 2 to consider name of the petitioner
for allotment of a plot out of the plots reserved for the members of the
scheduled caste.
It is apparent from the records and not disputed that as on
today, no scheme has been framed by respondent No. 2, in which a plot can
be allotted to the petitioner. Counsel for the petitioner states that as per
Punjab Town Improvement (Utilization of Land and Allotment of Plots)
Rules, 1993, as and when scheme is framed, the authorities are supposed to
reserve plots for members of the scheduled caste. It is further contention of
counsel for the petitioner that earlier in the year 1982, petitioner moved an
application and the same was rejected without taking note of the aforesaid
CIVIL WRIT PETITION NO. 13093 OF 2009 -2-
Rules. Then the petitioner came to this Court by filing CWP No. 15505 of
1999 with a prayer that directions be issued to the respondents to allot him a
plot. When the matter came up for hearing before a Division Bench of this
Court on November 4, 1999, counsel for the petitioner made a request that
he be allowed to withdraw that writ petition with a view to make a
representation for allotment of a plot in 375 Acres Development Scheme,
out of the plots meant for reserve category. The request was accepted and
the petitioner was allowed to withdraw the said writ petition with a hope
that the concerned authority of the Trust would decide representation, if
any, made by the petitioner, within one month of its submission. Counsel
for the petitioner states that representation was made thereafter, however,
the same has not been decided. At this belated stage, this petition cannot be
entertained. If the petitioner was aggrieved, he should have come to this
Court at an earlier point of time. No case is made out for interference.
Dismissed.
( Jasbir Singh )
Judge
August 26, 2009.
DKC