Civil Writ Petition No.1013 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1013 of 2010 Date of decision: September 15, 2010. Gurcharan Singh ...Petitioner(s) v. State of Haryana & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri V.B. Aggarwal, Advocate, for the petitioner(s). Shri Himanshu Raj, Assistant Advocate General, Haryana, for respondents No.1 to 3. Shri Jagdish Manchanda, Advocate, for respondent No.4. Kanwaljit Singh Ahluwalia , J. (Oral): The present writ petition has been filed with a prayer that a writ in the nature of mandamus be issued to respondents to grant permission for sale of plot No.34 situated in village Ladwa, District Kurukshetra to the petitioner at the Government rates. It is stated in the writ petition that plot No.34, adjoining to the house of the petitioner, was leased out to the petitioner in an auction on 10.1.1978 at the rate of Rs.132/- per year. Later on, the lease amount was enhanced from time to time as per the Government instructions. At a later point of time, respondent No.4 - the Municipal Committee, Ladwa took a decision to sell the plot to the petitioner in accordance with rules. The Civil Writ Petition No.1013 of 2010 -: 2 :- measurement of the plot is 300 square feet and in the year 2007, the value of the said plot, according to the Collector rates, was Rs.60,000/-. It is stated that Municipal Committee, Ladwa passed a resolution dated 11.5.2001 Annexure P-1 that the plot be sold to the petitioner at market rate at the rates approved through the Deputy Commissioner. This Court need not to go further into the details as Municipal Committee in its reply has stated that regarding sale of the property the matter has been referred to the Government for taking decision under the Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976 and the amended rules. Deputy Commissioner, Kurukshetra has filed reply on behalf of respondents No.1 to 3. In the preliminary submission, it has been stated as under:- “1. That the land/plot in question which has given on lease to the petitioner, is the ownership of the Municipal Committee, Ladwa, hence the State Government/Financial Commissioner and Principal Secretary to Government Haryana, Urban Local Bodies Department, Chandigarh is the competent authority to take a decision for transfer/sale of the plot in question as thinks fit as per the provision and rules in the public interest and the petitioner has no legal right to claim the said property/plot. The State Government is also competent to take a decision with regard to the present lease as per its condition and provision. However, it is submitted that the present matter sent through this office is under consideration before the State Government for taking an appropriate decision hence the present writ petition is not maintainable and deserves to be Civil Writ Petition No.1013 of 2010 -: 3 :- dismissed.” A perusal of the above stated preliminary submission reveals that the matter is pending consideration before the State Government. In these circumstances, the State Government is directed to take a decision thereon within three months from the date of receipt of a certified copy of this order, in consonance with the provisions of the 1976 Rules, as amended in 2006-07. In case the petitioner is not satisfied with the decision to be taken by the Government, he will be at liberty to assail the same before an appropriate forum in accordance with the provisions of law. Disposed of. [Kanwaljit Singh Ahluwalia] September 15, 2010. Judge kadyan