CWP No. 1941 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1941 of 2006 Date of Decision: 12.8.2011 Baljeet Kaur ..Petitioner Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Puneet Jindal, Advocate for the petitioner. Mr. S.S.Sahu, AAG, Punjab for respondent no.1. Mr. A.P.Bhandari, Advocate for respondent no.2. RAJIVE BHALLA, J. ( ORAL) CM No. 7276 of 2011 CM is allowed. Copy of guidelines (Annexure P-10) is taken on record. CWP No. 1941 of 2006 Counsel for the parties pray that though the writ petition stands admitted and is now fixed for regular hearing, it may be taken up for hearing and decided. Ordered accordingly. The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to allot her a plot in accordance with the Land Disposal Rules, 1964/Utilization of Land and Allotment of Plots by Improvement Trust Rules, 1975 or such other rules or policy, as may be applicable. Counsel for the petitioner submits that petitioner's late father-in- law Karnail Singh was a “local displaced person”. Upon his demise, his rights as a "local displaced person", have devolved upon the petitioner on CWP No. 1941 of 2006 2 the basis of a Will. The petitioner is, therefore, entitled to allotment of a plot as a “local displaced person”. Counsel for the Improvement Trust submits that Karnail Singh, deceased, is not a "local displaced person" and, therefore, a plot cannot be allotted to the petitioner. I have heard counsel for the parties and perused the record. The petitioner alleges that she has succeeded to the rights of Karnail Singh, a "local displaced person", on the basis of a registered Will dated 20.10.1992 and is, therefore, entitled to allotment of a plot. The respondents oppose this prayer but without having taken any final decision in the matter. The statutory obligation to decide the rights of Karnail Singh as a "local displaced person" and the entitlement of the petitioner or other heirs of Karnail Singh, admittedly, rests upon the Improvement Trust. In the absence of any adjudication with respect to the rights of "Karnail Singh" and the petitioner, the writ petition is disposed of with the direction to the Improvement Trust, to consider and decide whether Karnail Singh was a “local displaced person” and if so, his entitlement to a plot. In the eventuality of Karnail Singh's claim being accepted as a "local displaced person" , the Improvement Trust, Ludhiana, shall consider and decide whether a plot should be allotted to the petitioner, on the basis of the Will dated 20.10.1992. This order shall not be construed to be an expression of opinion on the merits of the present controversy. 12.8.2011 ( RAJIVE BHALLA ) VK JUDGE