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JAI PARKASH versus HARYANA URBAN DEVELOPMENT AUTHORITY

High Court of Punjab and Haryana, Chandigarh

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Jai Parkash v. Haryana Urban Development Authority - CWP-652-2005 [2006] RD-P&H 4849 (27 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.652 of 2005

DATE OF DECISION:July 24,2006

Jai Parkash

....Petitioner

VERSUS

Haryana Urban Development Authority and others .....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE S.S.SARON

PRESENT: Shri Atul Lakhanpal, Advocate for the petitioner.

Shri Raman Gaur, Advocate for the respondents.

Viney Mittal,J.(Oral).

The petitioner claims that he had remained successful in the draw of lots and his name had appeared at Sr.No.189 in the list of the applicants who were successful. However, his grievance is that even after having remained successful, the respondents have not issued him an allotment letter qua any plot.

The claim of the petitioner has been denied by the respondents. In their written statement filed by respondent No.3, the factum of the petitioner having ever remained successful in the draw of lots has been denied. Respondent No.3 has also denied the list of successful candidates (Annexure P.1).

In view of the divergence pleas raised by the parties, we find that the disputed questions of fact arise for determination which cannot be determined for want of evidence.

Consequently, we relegate the petitioner to seek his appropriate remedies before the Civil Court, if so advised.

Disposed of with the aforesaid observations.

(Viney Mittal)

Judge

July 24,2006 (S.S. Saron)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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