SUSHIL SYAN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of the above noted three writ petitions raising identical claim for allotment of 1 kanal industrial plot advertised by the Punjab Small Industries and Export Corporation Limited (for short 'the Corporation').

(2.) All the petitioners applied for allotment of plots in terms of an advertisement published on 10.5.1990 (Annexure R.2). Vide the aforesaid advertisement 170 plots of 480 square yards were advertised consequent to the directions issued by this Court in CWP No. 6698 of 1987. The aforesaid writ petition was decided on 2.6.1989, wherein the allotment of industrial plots vide advertisement dated 23.1.1984 was the subject matter of challenge at the hands of the unsuccessful applicants. Learned Single Bench allowed the writ petition with the following observations:-

(3.) To give effect to the directions of the learned Single Bench, the advertisement (Annexure R.2) was published, in which the petitioners were the applicants. However, another set of writ petition was filed such as CWP No. 3310 of 1990 by the allottees, who were allotted plots pursuant to the advertisement issued on 23.1.1984. The said writ petitions were allowed for the reason that the allottees were not the parties in the earlier writ petition and that the Corporation did not bring the correct facts to the notice of the learned Single Judge. It was held that with the allotment, a valid contract has come into existence and the Corporation can avoid such contract only in accordance with law. The writ petition was allowed with the following observations:-