IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17266 of 2011 DATE OF DECISION : 15.09.2011 Jasmail Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Mehar Singh, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, a resident of village Birmi, District Ludhiana, who belongs to Schedule Caste category, has filed this petition under Articles 226/227 of the Constitution of India for issuing direction to the Deputy Commissioner, Ludhiana, to consider his claim in terms of the policy decision (copy of which has been annexed as Annexure P-1) for allotment of the land measuring 2 Kanals 6 Marlas, comprised in Killa No. 23//18/1, on which he has constructed his house. It is the case of the petitioner that in this regard, he has already made a representation dated 13.7.2010 (Annexure P-2) requesting the Deputy Commissioner, Ludhiana, to consider his claim under the aforesaid policy, but till date, the said CWP No. 17266 of 2011 -2- representation has not been considered and decided. Learned counsel for the petitioner states that it appears that the Deputy Commissioner, Ludhiana, is not considering the representation of the petitioner, because the Gram Panchayat of the village has passed a resolution dated 16.11.2008, copy of which has been annexed as Annexure P-5, that no Scheduled Caste person in the village has constructed a house upon the shamlat land. Learned counsel states that this resolution is factually wrong, as the petitioner has constructed house on the land of the Gram Panchayat, which was in his possession since long. We are prima facie of the view that merely on the basis of the resolution of the Gram Panchayat, claim of the petitioner can not be denied. If the petitioner has constructed the house and that house is existing on the land of the Gram Panchayat, the claim of the petitioner is to be considered in accordance with law. Therefore, after hearing learned counsel for the petitioner, we dispose of this writ petition with a direction to the Deputy Commissioner, Ludhiana, to consider and decide the representation dated 13.7.2010 (Annexure P-2) made by the petitioner, in accordance with the policy, for allotment of land on which he has constructed the house, after verifying whether actually an house is existing on the above said land. ( SATISH KUMAR MITTAL ) JUDGE September 15, 2011 ( ARVIND KUMAR ) ndj JUDGE