KAIRON SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The crux of the facts, which require to be noticed, for the limited purpose of deciding the core controversy, involved in the instant writ petition, and emanating from the record, is that Bishan Singh, father of the Petitioner, was the owner of the property in dispute, situated in Mohalla Shahsultan, Sultanpur Lodhi. He constructed seven shops on it, after obtaining the requisite sanction from the Committee, vide resolution bearing No. 235 dated 7.11.1969 (Annexure P-1). During the period of his life time, Bishan Singh was stated to have executed a registered Will, dated 27.4.2001, in favour of his two sons namely; Kairon Singh (Petitioner) and Bakhsish Singh in equal share, by means of which, he bequeathed all his moveable and immovable property, including the shops in dispute, in their favour. After his death on 22.5.2001, Petitioner and his brother Bakhshish Singh, inherited the entire property of their father. Thus, they became the owner in possession of the entire property, including the seven shops in question.

(2.) The Petitioner claimed that he applied and submitted the site plan (Annexure P-2), on 23.7.2007 for sanction/approval to the Executive Officer of Municipal Council, Sultanpur (Respondent No. 3), in view of the provisions of The Punjab Municipal Act, 1911 (hereinafter to be referred as 'the Act'), for construction/re-construction of three shops over the land in dispute and deposited the necessary fees of Rs. 8295/-, in this regard, vide receipt (Annexure P-3). The Respondent No. 3 did not sanction the plan in spite of repeated visits by the Petitioner, to his office.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the Petitioner, that although he has already applied for obtaining the approval/sanction of site plan (Annexure P-2) deposited the requisite amount of Rs. 8295/-, vide receipt (Annexure P-3) but the Respondents did not grant him the sanction till today despite notice dated 14.9.2009 (Annexure P4). On the basis of aforesaid allegations, the Petitioner filed the instant writ petition, in the nature of mandamus, directing Respondents No. 2 & 3 to sanction the site plan, submitted by the Petitioner, in the manner indicated hereinabove.