JHUJHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a direction to the respondents to hand over the possession of industrial plot which was allotted to the petitioner vide allotment letter dated 25th September, 1987 (Annexure P-4 ). 2. Briefly, stated, the facts of the case are that the respondent No. 2 advertised in the newspaper. The Tribune, dated 23rd January, 1984, inviting applications for allotment of plots on free hold basis at SAS Nagar under self financing scheme. Pursuant to this advertisement, the petitioner applied for one of those plots and he was allotted plot No. 195-P, measuring 478 square yards at Industrial Focal Point, SAS Nagar, for the manufacture of electric fans on free hold basis vide letter of allotment dated 25th September, 1987 (Annexure P-4 ). The terms and conditions of the allotment were mentioned in the aforesaid letter. By this letter of allotment, the petitioner was directed to deposit a sum of Rs. 16826/being 40% amount of tentative price of plot within a period of 30 days from the date of the allotment order. Admittedly, the said amount was deposited by a bank draft by the petitioner along with letter, Annexure P-5.

(2.) THE allotment of plots as made pursuant to the advertisement of 23. 1. 1984 was challenged in C. W. P. No. 6698 of 1987 (Hazari Singh Mavi v. State of Punjab and Ors. , ). The learned Single Judge of this Court vide judgment dated 2nd June, 1989, allowed the writ petition and quashed the orders of allotment of plots to different persons and directed the respondents to invite fresh applications for allotment of the plots. Thereafter respondent No. 2 returned the amount to the petitioner deposited by him vide Bank draft dated 21st October, 1987, which was sent to the petitioner alongwith letter dated 9. 5. 1990 (Annexure P-8 ). The respondent No. 2 invited fresh applications vide advertisement dated 9. 5. 1990 (Annexure P-7 ). It is the admitted case of the parties that in response to this advertisement, the petitioner did not submit any application.

(3.) RELYING in the law laid down in the above mentioned D. B. judgment the petitioner submitted representation dated 23. 1. 1994 (Annexure P-1) to the respondent No. 2 and submitted that as a result of passing of the judgment dated 13th January, 1994, he was entitled to get possession of the industrial Plot No. 195-P Phase IX Mohali. He, therefore, requested respondent No. 2 that the agreement form may be supplied to him and he should be handed over the possession of the said plot. Since no reply was received by the petitioner to his representation, the present writ petition has been filed by the petitioner.