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High Court of Punjab and HaryanaCWP/7791/2018disposed of

Gurmeet Kaur v. State Of Punjab And ORS

2018-03-28Mr. Justice R.C. Kathuria (Retd.),Mr. Justice Mahabir Singh Sindhu2 pages

CWP-7791-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-7791-2018 Date of Decision: 28.3.2018 Gurmeet Kaur ....Petitioner.

Versus

State of Punjab and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL PRESENT: Mr. Mansur Ali, Advocate for the petitioner. AJAY KUMAR MITTAL, J.

1.

In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a direction to respondent No.3 to consider the case of allotment of leased shop No.3, 2nd Floor, Nehru Shopping Complex, Lawrence Road, Amritsar in view of the policies dated 14.6.2009 and 14.12.2010 (Annexures P-3 and P-9, respectively) or to take action on the representations (Annexures P-4 to P-7 and P-12, respectively) moved by the petitioner.

2.

The petitioner had taken a shop on lease from respondent No.2 vide lease deed dated 24.5.2002 (Annexure P-1). Another lease deed in the name of Mehar's Boutique was executed on 24.5.2008 (Annexure P-2). State of Punjab framed a policy dated 14.6.2009 (Annexure P-3) regarding the selling of properties of the Improvement Trust. The petitioners vide letters (Annexures P-4 to P-7, respectively) requested respondent No.3 for the allotment of shop No.3 in her favour as she was ready to purchase the same. The Deputy Controller, Improvement Trust, Amritsar vide letter dated 27.9.2010 (Annexure P-8) directed the petitioner to deposit the outstanding rent. Government of Punjab framed a policy dated 14.12.2010 Gurbachan Singh 2018.04.06 10:29 I attest to the accuracy and integrity of this document

CWP-7791-2018 -2- (Annexure P-9) regarding transfer of lease holder lands/properties to freehold. The office of respondent No.3 vide letter dated 25.3.2013 (Annexure P-10) directed the petitioner to deposit the arrears of rent. Respondent No.3 initiated proceeds under the Public Premises and Land (Eviction and Rent Recovery) Act, 1973 by filing an application, the summons were issued to the petitioner to which she filed reply (Annexure P-11 Colly). Thereafter, the petitioner moved a representation, Annexure P12, to respondent No.3 vide postal receipt dated 10.3.2018 (Annexure P13), but no response has been received till date. Hence, the present writ petition.

3.

Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has sent a representation, Annexure P-12, to respondent No.3, but no action has so far been taken thereon.

4.

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.3 to take a decision on the representation, Annexure P-12, in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of three months from the date of receipt of the certified copy of the order.

(AJAY KUMAR MITTAL) JUDGE March 28, 2018 (ANUPINDER SINGH GREWAL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.04.06 10:29 I attest to the accuracy and integrity of this document