C.W.P NO.4639 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO.4639 OF 2009 DECIDED ON : 24.03.2009 Ram Avtar and others ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Jai Vir Yadav, Advocate, for the petitioners. SURYA KANT, J. (ORAL) The petitioners seek a direction to respondents No.2 to 4 for issuance of the allotment letter jointly in the names of all the co-sharers who have been found eligible for allotment of Plot No. 2739-C, Sector -57, Gurgaon under the Oustees quota. The petitioners and respondent NO.5 were the co- sharers of the land acquired by the HUDA in Gurgaon. They being entitled for allotment of a plot under the Oustees Policy, have applied for such allotment. Respondent No.5 (Krishan Kumar son of Sullar) is stated to have produced 'No Objection Certificate' from the petitioners for issuance of the allotment letter in his name only, though the petitioners' case is that the said 'No C.W.P NO.4639 OF 2009 -2- Objection Certificate' was obtained by respondent No.5 by misleading and playing fraud. They have accordingly represented the HUDA authorities that allotment letter of the allotted plot should be issued in the name of all the co-sharers. The petitioners have also placed on record memo dated 21.06.2007 of the Estate Officer, HUDA, Gurgaon addressed to respondent No.5 and a copy whereof is forwarded to them, whereby respondent No.5 has been asked to submit the 'No Objection Certificate' from his co-sharers, failing which the allotment letter shall be issued jointly in their names. On this premise, the petitioners contend that since they have already withdrawn the alleged 'No Objection Certificate' submitted on their behalf vide representations dated 27.07.2007 and 30.11.2007 (Annexures P- 7 and P-8), followed by a legal notice dated 30.05.2008 (Annexure P-9), it is imperative upon respondents No.2 to 4 to issue allotment letter jointly in the names of all the co-sharers. Having heard learned counsel for the petitioners and keeping in view the nature of relief sought in this writ petition and the fact that the representations/legal notice served on behalf of the petitioners are still pending consideration, I deem it appropriate to dispose of this writ petition with a direction respondents No.2 and 4 to consider the petitioners' claim regarding issuance of the allotment letter jointly in the names of all the co-sharers and dispose of the same by passing a reasoned order, if so required to be passed. C.W.P NO.4639 OF 2009 -3- The needful shall be done within a period of three months from the date of receipt of certified copy of this order. Till the petitioners' claim for issuance of joint allotment letter is decided, no allotment letter in favour of respondent No.5 alone shall be issued. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 24, 2009 (SURYA KANT) shalini JUDGE