VIJAY SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE case of the petitioner is that he is in occupation of plot No. P -4 measuring 60 x 80 situated in Shastri Nagar, Housing Colony Jammu which is owned by the respondent No. 2, since the respondents have regularised the possession of plots in favour of S. Kulbir Singh S/O S. Teja Singh vide order No. HB -2787 -91 dated 18 -02 -1997, therefore, he is also entitled to the same treatment because the respondents it is further averred cannot be allowed to pursue the policy of pick and choose. He has also placed on record order No. 1330 -31 dated 16 -08 -1993 by virtue of which plot No: 431 -A measuring 45â„¢ x 65â„¢ situated at Ganhdi Nagar was regularised in favour of Sh. Sukhdev Singh on payment of Rs. 4.31 lacs.

(2.) THE petitioner, therefore, prays that since he is in possession of the plot, the respondents be directed to regularise it in his favour on the same analogy as in case of M/S S. Kulbir Singh and Sukhdev Singh.

(3.) SINCE the allotment in favour of the two persons was illegal and contrary to the Rules, therefore, it cannot be made the basis for granting the same relief. Moreover, the petitioner could have challenged the allotment in favour of those persons but cannot be granted the same relief. The Principle of Equity does not apply when the order relied upon is unsustainable in law as law laid down in M/S Faridabad Ct. Scan Centre Vs. D.G. Health Services and othersâ„¢, AIR 1997 SC 3801, which reads as under: -