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CWP-24821-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-24821-2018

Date of Decision: November 14, 2018

A.K. Kaul

…Petitioner

Versus

The State of Haryana & others

…Respondents

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present: Mr. C.M. Munjal, Advocate,

for the petitioner.

*****

AUGUSTINE GEORGE MASIH , J. (ORAL)

It is the contention of the learned counsel for the petitioner,

with reference to the order dated 20.12.2012 (Annexure P-5) passed by this

Court in CWP No.24583 of 2012, that the petitioner is entitled to the benefit

of allotment of a plot especially in the light of the exercise which has been

carried out by the respondents in pursuance to the said directions, whereby,

a report of the Saraswati Kunj Commission was submitted, which has been

accepted. The said Commission has ultimately prepared a list of members

of the Society, who have been held entitled to the allotment of plots of 500

square yards. The name of the petitioner figures at Sr. No.18 in the said list.

The respondent – Society is bypassing the seniority list as prepared and is

allotting the plots at random, one of the instances which has been pointed

out is that of one Mohal Lal Arora – respondent No.8 whose name figures at

Sr. No.52, is being allotted a plot at priority keeping in view the fact that a

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CWP-24821-2018

direction has been issued by this Court to consider his claim for allotment of

a plot. Merely because a person approached this Court would not entitle to

any priority especially in the light of the observations made by this Court in

its order dated 20.12.2012 (Annexure P-5), in pursuance whereof, seniority

list has been prepared. Highlighting this aspect, petitioner has submitted a

representation dated 20.07.2018 (Annexure P-10) to respondents No.1 to 3,

6 and 7. Despite that, no decision on the representation of the petitioner has

been taken.

Counsel for the petitioner contends that the petitioner, at this

stage, would be satisfied if a direction is issued to the Registrar,

Cooperative Societies, Haryana – respondent No.2 to consider and decide

the representation dated 20.07.2018 (Annexure P-10) and conveyed the

decision to the petitioner and the Society, within some specified time.

In the light of the statement made by the counsel for the

petitioner, the present writ petition is disposed of without going into the

merits of the case as has been projected by the counsel for the petitioner or

commenting thereon, with directions to the Registrar, Cooperative Societies,

Haryana – respondent No.2 to consider and decide the representation dated

20.07.2018 (Annexure P-10) within a period of six weeks from the date of

receipt of certified copy of this order. The decision so taken be conveyed to

the petitioner and Society forthwith.

It is made clear that in case the Saraswati Kunj Commission has

indeed prepared a seniority list, the same be not bypassed and the plot

should be offered according to that seniority list especially in the light of the

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CWP-24821-2018

observations of this Court in its order dated 20.12.2012 (Annexure P-5).

(AUGUSTINE GEORGE MASIH)

November 14, 2018 JUDGE

Harish

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes/No

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