GIAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the letter dated 6.7.2016 (Annexure P-22) issued by respondent No.4 whereby the Letter of Intent (LOI) dated 10.6.2016 (Annexure P-19) issued by respondent No.3 in her favour has been ordered to be cancelled. Further, a writ of mandamus has been sought directing respondents No.2 and 3 to regularize the possession of the petitioner of House No. 2980, Ground Floor, CRPF Colony, Dugri, Ludhiana, as per the polices (Annexures P-2 to P-9, respectively) and the judgments (Annexures P-10 and P-11, respectively) passed by this Court and not to allot the house in question to any third party/employee of GLADA/Government Agencies/Authorities. Also a writ of certiorari has been prayed for quashing the allotment order dated 29.4.2016 (Annexure P-14) issued by respondent No.5.

(2.) A few facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. The petitioner is a 1984 riot victim and Sikh Migrant and the Red Card dated 14.10.2009 (Annexure P-1) was issued in her favour. She was living in Greater Ludhiana Area Development Authority (GLADA) Flat No. 2980, Ground Floor, Phase I, CRPF Colony, Dugri, Ludhiana since 2011. As per the policies (Annexures P-2 to P-9, respectively) and the judgments (Annexures P-10 to P-12, respectively), the possession of the house in question of the petitioner required to be regularized. Accordingly, the petitioner moved a representation dated 2.4.2016 (Annexure P-13) to respondents No.1 to 3 for regularization of the house in question in view of the policies of the State of Punjab and the judgments passed by this Court. Further, respondent No.5 vide allotment letter dated 29.4.2016 (Annexure P-14) allotted the said dwelling unit to one Amandeep Clerk, Office of Child Development Project Officer, Urban-4, Ludhiana. The petitioner is in possession of the said house which is discernible from the photographs (Annexure P-15). Thereafter, the petitioner filed CWP-10957-2016 on 25.5.2016 (Annexure P-16) for regularization of her possession in the house in question. This Court vide order dated 28.5.2016 (Annexure P-17) disposed of the said writ petition with a direction to the petitioner to appear before respondent No.2 who was further directed to decide the representation dated 2.4.2016 moved by the petitioner within a period of four weeks. Respondent No.2 called for a report from the Tehsildar, Ludhiana regarding the possession of the petitioner over House No. 2980, Ground Floor, Phase I, CRPF Colony, Dugri, Ludhiana who vide report dated 26.7.2016 (Annexure P-18) reported that the petitioner was residing in the said house since long time. Respondent No.3 issued LOI dated 10.6.2016 (Annexure P-19) regarding the house in question in favour of the petitioner requiring her to deposit a demand draft of Rs. 30,000/- in favour of respondent No.4. In pursuance thereto, the petitioner deposited the demand draft of Rs. 30,000/- vide receipt dated 14.6.2016 (Annexure P-20). Vide letter dated 5.7.2016 (Annexure P-21), the petitioner was asked to attend the office of respondent No.2 on 7.7.2016 on which date, the petitioner went to the office of respondent No.2 but being a holiday on account of EID, neither respondent No.2 nor any officer/official of respondent No.2 was present in the office. However, respondent No.4 vide letter dated 6.7.2016 (Annexure P-22) had already cancelled the LOI (Annexure P-19) issued in favour of the petitioner and made the allotment of the house in question to one Government Servant. Hence, the present writ petition.

(3.) The writ petition is contested by respondents No.1 and 2 and respondent No.3 by filing their respective replies. In the reply filed by respondent No.3, it has been pleaded that the houses in CRPF Colony, Dugri, Ludhiana belonged to the State of Punjab and were not the ownership of GLADA. However, in view of the policy decisions of the State Government, the GLADA has been authorised to reguarlise the possession of the unauthorized occupants of the houses. A request dated 26.6.2016 (Annexure R-3/1) was received from the petitioner for allotment of the house in question. It was further pleaded that the petitioner was a resident of Moga and the red card was also got made by her from Moga on 14.10.2009 from the office of Deputy Commissioner, Moga. On the basis of the documents and the report of the field staff, LOI was issued to the petitioner of the house in question. One Ms. Amandeep Kaur, Junior Assistant wrote a letter to respondent No.3 that the house in question was allotted to her being a Government employee by respondent No.5 vide allotment letter dated 29.4.2016. In the said flat, one Harish Inder, who retired about 5 years ago has been living and by hatching a conspiracy wanted to get the said house allotted to the petitioner. Respondent No.2 sought a report from the Executive Engineer, Provincial Division, PWD (B&R) Branch, Ludhiana who vide report dated 23.6.2016 reported that said Harish Inder was living in the house in question. Respondent No.2 recommended for action against the said Harish Inder. Accordingly, in the meeting held with respondent No.2 on 4.7.2016, since the house was allotted to a Government employee, the LOI issued in favour of the petitioner was ordered to be cancelled vide letter dated 6.7.2016 (Annexure P-22). The other averments made in the writ petition were denied and a prayer for dismissal of the writ petition was made.