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High Court of Punjab and HaryanaCWP/3577/2016disposed of

Sher Chand Khatri And ANR v. State Of Haryana And Others

2016-02-23Mr. Justice M.M. Aggarwal,Mr. Justice Augustine George Masih2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.3577 of 2016 (O&M) DATE OF DECISION: 23.02.2016 Sher Chand Khatri and another .....Petitioners versus State of Haryana and others .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present: Mr. Pankaj Bali, Advocate for the petitioners ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

The petitioners are unable to establish the basis on which they make a claim for a larger shop than the one that was allotted to them 12 years ago.

2.

The petitioners merely base their claim on the ground that another party, who was allegedly similarly situated, was allotted a larger shop in the year 2014. It is, however, necessary for the petitioners, in the first instance, to establish their entitlement. There is nothing on record to even suggest that the petitioners are similarly situated as the other party. However, even assuming that the petitioners are similarly situated, that by itself would not entitle the petitioners to a larger shop, if, for instance, it is established that the allotment to the third party was wrongful.

3.

Further, these are issues which must be decided in the first instance at least by the respondents. The petitioners are PARKASH CHAND 2016.02.24 10:20 I attest to the accuracy and authenticity of this document

CWP-3577-2016 - 2 - always at liberty to make an application to the respondents after furnishing all necessary particulars.

Needless to add that the respondents would deal with the matter on its own merits taking into consideration all the factors including the fact that the petitioners had accepted unconditionally the shop that was allotted to them and had not raised any grievance in respect thereof for the past 12 years. 4.

The petition is accordingly disposed of.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 23.02.2016 (ARUN PALLI) parkash* JUDGE PARKASH CHAND 2016.02.24 10:20 I attest to the accuracy and authenticity of this document