Civil Writ Petition No.14395 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 23.10.2008 Tarun Kumar ....Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE NAWAB SINGH Present:- Mr.Anil Bansal, Advocate for the petitioner. Ms.Ambika Luthra,AAG Punjab for respondents No.1 & 2. Mr.Raman Mohinder,Advocate for respondents No.6 to 10 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? HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 27.8.2007 (Annexure P5), whereby allotment of ration depot to the petitioner vide communication dated 15.12.2006 was cancelled on account of non-deposit of security amount of Rs.1,000/- within one week of allotment. In pursuance of the advertisement in the newspaper Jag Bani (Punjabi) on 28.2.2006, the petitioner applied for allotment of ration depot for distribution of essential commodities in urban areas. In response to his request for allotment of ration depot, he was called for interview by a Committee constituted for the purpose on 3.8.2006. On 15.12.2006, vide Annexure P3, the petitioner was issued a letter regarding allotment of a ration depot. It is the case of the petitioner Civil Writ Petition No.14395 of 2007 2 that the said letter was collected by him in person on 29.12.2006. In terms of the condition of allotment, the petitioner deposited the security amount of Rs.1000/- within the time prescribed i.e. on 30.12.2006. However, vide communication Annexure P5, the allotment has been cancelled on the ground that the petitioner has not deposited the security amount of Rs.1000/- within one week. The petitioner pleaded that the letter dated 15.12.2006 was not delivered to him, but was collected in person on 29.12.2006. In reply, it is pointed out that the said assertions are incorrect. However, the respondents have not given any details as to how the communication dated 15.12.2006 was sent to the petitioner. It is not pointed out that such letter was sent through ordinary post, acknowledgment registered cover or by any other means. In the absence of any document or the means of sending the communication, we find that the stand of the petitioner that the said letter was collected by him in person from the office of the respondents on 29.12.2006 is reliable. Thus, from the date of collection of the letter, the petitioner has deposited the security amount within the time prescribed. We are of the opinion that the deposit of security amount by the petitioner on 30.12.2006 cannot be said to be after much delay in deposit of the security amount, which will disentitle him to allotment of ration depot. In view thereof, we set aside the order dated 27.8.2007 (Annexure P5) and order that the security amount stands deposited within the time prescribed. It is for the respondents now to give consequential relief as may be necessary in terms of the Civil Writ Petition No.14395 of 2007 3 letter (Annexure P3) for the allotment of ration depot to the petitioner. The petition is allowed. (HEMANT GUPTA) JUDGE (NAWAB SINGH) 23.10.2008 JUDGE AS