CIVIL WRIT PETITION NO. 14818 OF 2007 (O&M) 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : September 23, 2009. Parties Name Ajmer Singh ...PETITIONER VERSUS The Chief Secretary, Govt. of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. H.S.Rakhra, Advocate, for the petitioner. Mr. Anil Sharma, Addl. A.G., Punjab; JASBIR SINGH, J. (oral) ORDER: In this writ petition, challenge has been laid to the orders dated July 9, 2007 and September 5, 2007 , copies Annexures P-6 and P-7 respectively, ordering recovery of an amount of Rs. 1,30,903/- for unauthorised occupation of the house allotted to the petitioner. When notice of motion was issued on September 21, 2007, following contention of counsel for the petitioner was noticed by this Court: “The petitioner, who is working as Senior Assistant in the Office of Treasurer, Charitable Endowments, Mohali, Punjab, was allotted House No. 3107-B in Sector 39-D, Chandigarh on CIVIL WRIT PETITION NO. 14818 OF 2007 (O&M) 2- 16.5.2003. However, the same was cancelled on 17.7.2003 on the request of the petitioner. Counsel for the petitioner contends that the petitioner was allotted House No. 3107-B, Sector 39-D, Chandigarh, but the petitioner never resided in the aforementioned house. Counsel has placed reliance on Annexure P-8 to show that even the electricity meter shows a reading '00002'. As per P-8, even the electricity in the house was never used. Learned counsel also placed reliance on Annexure P.2, whereby his request for cancellation of the aforementioned was accepted on 17.7.2003.” In reply, it has been stated that the house in question was allotted to the petitioner on April 28, 2003. Physical possession was handed over to him on May 16, 2003, which was delivered back on July 16, 2003. Allotment was cancelled on July 17, 2003. Original register has been produced before this Court, wherein factum of return of possession of House No. 3107-B, Sector 39-D, Chandigarh is found mentioned as on December 15, 2005, petitioner has signed the same. Counsel for the petitioner has vehemently contended that the petitioner has never used the house in question. Following order was passed on August 18, 2009: “Counsel for the petitioner is directed to bring on record a fact that as to whether, after allotment of the house to the petitioner, new electric meter was installed in the premises in dispute, i.e., 3107-B, Sector 39, Chandigarh, or not. Whether at the time of taking over possession in the year 2005, any document was CIVIL WRIT PETITION NO. 14818 OF 2007 (O&M) 3- got signed from the petitioner . On request, adjourned to September 23, 2009. Copy of the order be supplied to Mr. Sharma under signatures of the Reader, for compliance. “ In this case, disputed facts are involved, which cannot be gone into the writ petition. The petitioner may, if so advised, file a civil suit. Dismissed. ( Jasbir Singh ) Judge September 23, 2009. DKC