PARKASH WANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has sought issuance of a writ of mandamus directing the respondents to allot one Kanal plot at S.A.S. Nagar (Mohali) at old rates as per registration No. 9085 dated 18.3.1974.

(2.) PETITIONER 's son applied for allotment of a ten marla plot at S.A.S. Nagar (Mohali) on 18.3.1974. He submitted an application along with earnest amount Rs. 1000/ - which was received by the Estate Officer, Punjab, vide receipt Annexure P -l dated 18.3.1974. This allotment was upgraded from 10 Marla to 1 Kanal as per order of the Estate Officer, dated 4.10.1980 -Annexure P -2. Vide this letter, the original allotment in favour of the petitioner's son Hardial Singh was ordered to be transferred in the name of Smt. Parkashwanti, his mother. The petitioner sent a draft of Rs. 28,500/ - i.e. remaining amount of the sale price as per allotment letter, as far back as on October 4, 1980. Despite having complied with the requisite terms and conditions imposed by the respondents plot was not allotted to the petitioner who thus had knocked the door of the authorities time and again but without any success. Written representations were also filed which are Annexures P -3 to P -5 Except acknowledging the representations, no effective steps were taken by the respondents to deliver the possession of the plot though she has paid the full amount of the sale consideration. It is in these circumstances that the petitioner had approached this Court for a writ of mandamus.

(3.) BY way of replication, petitioner controverted the various averments made by respondents in their written statement. In addition thereto, it has been stated that the petitioner, in fact, is governed by the policy of 1974 which was in force in the year 1988 when the petitioner had deposited the full amount of the plot. Reliance was placed upon the decision of this Court in C.W.P. No. 5317 of 1987 titled Raj Pal Singh v. The Director Urban Estate Punjab, decided on 19.1.1993 for the view that the petitioner is entitled to allotment of plot on the basis of old policy.