Sham Lal v. Chandigarh Administration & ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24636-2015 Date of decision:- 26.11.2015 Sham Lal

...Petitioner

Versus

Chandigarh Administration and another

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

Present:

Mr. Ashok Sehgal, Advocate, for the petitioner.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioner had made an application in the year 1993 for the allotment of a tenement in lieu of a jhuggi that he allegedly occupied earlier. The petitioner's case is that he was not allotted the premises on account of a criminal complaint that was pending. The petitioner claims that he succeeded in the criminal complaint in the year 2001. Thereafter, he filed CWP-3864-2010 for the same relief(s) that he seeks in this writ petition. That writ petition was allowed to be withdrawn by an order dated 05.11.2012 with liberty to file a fresh petition after giving better particulars.

2.

Learned counsel appearing on behalf of the petitioner states that certain documents establishing his claim on merits for the premises were found only much later which is why this petition was filed after three years. 3.

The petitioner now makes claim in view of the altered circumstances, namely, a dismissal of the criminal complaint against him and his having found the relevant documents. Moreover, the matter pertains to the year 1993. It is necessary, therefore, for the respondents in the first instance to consider the application for the allotment of the premises, if made. The petitioner must in the first instance make an application for the allotment to the respondents concerned. The writ petition is accordingly disposed of. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 26.11.2015 Amodh AMODH SHARMA 2015.11.28 16:49 I attest to the accuracy and authenticity of this document chandigarh