RAM KISHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner seeks quashing of letter dated 10.3.2014, Annexure P.3 vide which his claim for issuance of letter for allotment of 14 marlas plot No. 257, Sector 32, Karnal has been rejected. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The respondents invited applications from the ex-servicemen category for allotment of residential plots in Sector 32, Karnal. The petitioner applied for a 14 marla plot under this category. An amount of Rs. 2,82,200/- was deposited by him. In the draw of lots, the petitioner was declared successful. When the allotment letter was not issued to the petitioner, he sought information under the Right to Information Act, 2005. Vide letter dated 18.9.2012, Annexure P.2, the respondents informed the petitioner that as per eligibility condition, officers upto Lt. Colonel and equivalent rank were eligible for 14 and 10 marlas plots whereas the case of the petitioner being Subedar Major (Honorary Captain) was referred for verification whether the Honorary Captain was a Commissioned Officer. It was also intimated to the petitioner that the respondents had filed SLP before the Apex Court against the order of this Court dated 1.2.2012 in CWP No. 2510 of 2011 (The Hisar Ex. Naval Personnel Welfare Society, 88 Defence Colony, Hisar v. State of Haryana and another) and that the decision for allotment of plot in question will be taken after the final outcome of the SLP. Thereafter vide letter dated 10.3.2014, Annexure P.3, the respondents informed the petitioner that the said SLP had been dismissed but the competent authority had decided that the decision would be implemented qua those who succeeded upto the Apex Court. Since the name of the petitioner was not in the case decided by the Apex Court so his claim could not be accepted and allotment letter could not be issued to him. Since the petitioner retired from the Army as Subedar/Honorary Captain and as per condition mentioned in the application form, he was entitled for allotment of a 14 marlas plot. The Zila Sainik Board, Karnal had also issued certificate to the effect that the petitioner served in the Army as Subedar/Honorary Captain from 23.11.1957 to 30.11.1985, Annexure P.6. According to the petitioner, the impugned order is against the law laid down by the this Court in CWP No. 18393 of 2008 (The Hisar Ex. Naval Personnel Welfare Society v. State of Haryana and others) decided on 1.2.2012. In that case, this Court relying upon judgment dated 18.7.2006 rendered in CWP No. 16064 of 2004 (Prem Singh v. HUDA and another) held that eligibility criteria for allotment of a plot dependent upon rank held by the applicants could not be sustained and was set aside. The SLP filed by the respondents against the said order was dismissed by the Apex Court. Hence the instant writ petition.

(2.) A written statement has been filed by Estate Officer, HUDA, Karnal on behalf of respondent Nos. 2 and 3 wherein it has been inter alia stated that as per policy of HUDA, the petitioner being Subedar Major is not entitled to allotment of plot in question.

(3.) We have heard learned counsel for the parties.