GURMEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of this petition under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of Jammu and Kashmir, on the strength of grounds taken in the petition, has prayed for the following reliefs/writs:

(2.) Factual matrix of the case, are that one Athar Ali Mir S/O Sh. A.M Mir was allotted plot No. 134-A/7 measuring 44'+37'-3"/280' situated at Channi Himmat, Housing Colony, Jammu, by respondent- J&K Housing Board, after completing all the formalities; that a lease deed was also executed in favour of allottee Athar Ali Mir and the possession of the plot was handed over to him who after having the possession enclosed the plot by raising boundary wall and an iron gate. The petitioner claims to have acquired the said plot 134-A/7 measuring 44'+37'-3"/280' situated at Channi Himmat, Housing Colony, Jammu from said allottee Athar Ali Mir, after obtaining proper permission from the respondents in terms of Order No.HB/1147-49 dtd. 16/6/2003. Thereafter, the petitioner deposited a transfer fee of ?32,000/- as such, an Agreement was duly executed between the petitioner and respondents duly registered by Sub Registrar, Jammu styled as Tripartite Agreement. After entering into the agreement, the possession was handed over to the petitioner by the respondents as its true and lawful allottee. Thereafter, the petitioner applied for grant of building permission in favour of the applicant for which the respondents also issued a "no objections certificate" and a valid "permission" was granted in favour of the petitioner. Thereafter, in order to construct a residential house, he applied for housing loan which was also sanctioned in his favour. The petitioner raised construction in the said plot and claims to have been residing there with his family members for the last ten years. The respondent No.2 was well aware about the fact that they have filed LPA against the order of writ court, intentionally withheld this information from the petitioner, entered into the "Tripartite Agreement" permitted the transfer of plot in favour of the petitioner, charged the transfer fee and accepted the possession of the petitioner over the said plot. Respondent-Housing Board, thereafter, forwarded the communication No.HB/5393-94 dtd. 11/1/2014, to the petitioner, whereunder the allotment of the plot made in favour of the original lessee/allottee Athar Ali Mir was cancelled.

(3.) Objecting the petition, respondent Nos. 2 (Managing Director, J&K Housing Board, Jammu) and 3 (Secretary, J&K Housing Board, Jammu) have filed their response, taking only stand therein that the cancellation of plot allotted in favour of the petitioner was made in compliance of the judgment passed by learned Single Judge in OWP No.6/1999, which was upheld by Hon"ble the Division Bench in LPAOW No.213/2001.