CWP No.183 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.183 of 2009 (O&M) Date of Decision: 29.10.2010 **** Manjit Singh . . . . Petitioner VS. UT Chandigarh & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Animesh Sharma, Advocate for the petitioner Mr. Sukhdev Singh, Advocate for respondent No.2 ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct respondent No.2 to transfer 1/3rd share/lease-hold rights of late Smt. Amrit Kala Dhall in the built up industrial shed No.775 of 15 marlas at Chandigarh, in terms of the Will dated 17.09.1991 bequeathing that share in his favour. It is not in dispute that on the basis of the Will dated 17.09.1991, the petitioner applied for the transfer of 1/3rd leasehold rights in his favour on 13th July, 2004. (2). The respondent-Corporation has now agreed to transfer the aforesaid share in the petitioner’s name subject to his depositing sub-letting fee, ground rent CWP No.183 of 2009.doc - 2 – and interest thereupon w.e.f. 17.09.1991 i.e. from the date of the Will. (3). In my considered view the respondent-Corporation cannot claim the above-stated charges for the period after 13.07.2004 or say from 01.09.2004 onwards (even if some period is granted to the respondents to take an appropriate decision on application dated 13.07.2004). I say so for the reason that once the petitioner had applied for transfer on 13.07.2004, the subsequent delay in accepting his request cannot be attributed to him. (4). Consequently, respondent No.2 is directed to make the necessary recommendations to respondent No.1 for the transfer of 1/3rd leasehold rights in favour of the petitioner within a period of one week on his depositing the above-mentioned arrears from 17.09.1991 till 31.08.2004 after deducting the amount, if any, already deposited by him. (5). With these directions the writ petition is disposed of. (6). Dasti . 29.10.2010 vishal shonkar (SURYA KANT) JUDGE CWP No.183 of 2009.doc - 3 –