High Court of Punjab and HaryanaCWP/21374/2018disposed of

Anu v. State Of Haryana And Others

2018-08-27Mr. Justice Ajay Kumar Mittal,Dr. Justice S. Muralidhar2 pages

CWP-21374-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21374-2018 Date of Decision: August 27, 2018 Anu .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Gaurav Singla, Advocate for Mr.Sanjiv Gupta, Advocate for the petitioner. ........

SURYA KANT, J.(ORAL) The land of the petitioner's mother Smt.Prem Devi was acquired for development of Sector 25, Panipat. Smt.Prem Devi's claim for allotment of Plots was considered under the 'Oustees quota' and in a draw of lots, she was successful for allotment of two plots bearing Nos.1274 (8 marla) and 584-P (6 marla) in Sector 25, Part-II, Panipat. However, before allotment letters could be issued, Smt.Prem Devi unfortunately died on 03.09.2015, leaving behind three legal heirs, namely, the petitioner and her two sisters, i.e. Smt.Kamlesh and Smt.Sneh. It is averred that except the above named two sisters, there is no legal representative of deceased Smt.Prem Devi. The above-named two sisters of the petitioners are said to have given their consent by way of affidavits that they have no objection if allotment letters of both the plots of Smt.Prem Devi are issued in favour of the petitioner alone. It is alleged that the HUDA authorities are sitting over the matter MEENU 2018.08.31 10:43 I attest to the accuracy and authenticity of this document chandigarh

CWP-21374-2018 -2despite repeated representations including dated 09.05.2017, 11.04.2017 and 02.05.2018, Annexures P5, P9 and P10, respectively. The affidavits given by sisters of the petitioners are also stated to be on record of HUDA authorities.

[2] In the light of the above-stated facts, it is imperative upon respondent Nos.2 and 3 to take a decision on the pending claim of the petitioner. The writ petition is, accordingly, disposed of with a direction to respondent Nos.2 and 3 to re-verify the facts, if need be and decide the claim of the petitioner for issuance of allotment letters in respect of the plots for which her mother was successful in draw of lots. Needful be done within a period of two months from the date of receipt of a certified copy of this order.

( SURYA KANT ) JUDGE August 27, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2018.08.31 10:43 I attest to the accuracy and authenticity of this document chandigarh