RAMESHWAR LAL SAINI Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner seeks a writ of mandamus to direct the Estate Officer, HUDA, Panipat, to issue him allotment letter in respect of Plot No.1330 -P, Sector -12, Part II, HUDA, Panipat. He also seeks restraint order against the respondents from dispossessing him from the said plot.

(2.) THE above stated relief has been sought on the premise that the petitioner was owner in possession of land measuring 2 kanals 5 marlas, where he had constructed a house along with tubewell. The said land was acquired by the State of Haryana for HUDA for caving out Sectors 11 -12, Part II, HUDA and Sector 24 Panipat. It is claimed that the petitioner along with other owners formed a cooperative society, known as ''Gandhi Karyakarta Sehkari Awas Samiti '', Panipat, to pursue the case of release of the land of members of the society and in furtherance of the deliberations, the State took a policy decision to release the constructed houses on the acquired land. It is claimed that four 2 kanals each constructed houses were decided to be released and since the petitioner is owner in possession of one of the said houses bearing No.1330 -P, it deserves to be released. The petitioner has made certain accusations against President of the above mentioned cooperative society, especially with reference to the settlement he arrived at with the authorities.

(3.) THE respondents have averred that the settlement was arrived at with the cooperative society and not with the petitioner. Reference in this regard is made to various documents on record.