IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8350 of 2009 Date of decision: 30.09.2010. Satpal Garg and others ......Petitioners Versus Estate Officer, Haryana Urban Development Authority and another ....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Sanjiv Sharma, Senior Advocate with Mr. Shekhar Verma, Advocate for the petitioners. Mr. Ajay Kumar Kansal, Advocate for the respondents. ******* PERMOD KOHLI, J. (ORAL) The S.C.O. No.220, Sector-14, Panchkula was initially allotted to Arun Mittal, P.K.Mittal and Smt. Savita Mittal. The allottees with the permission of respondent No.1 transferred the premises, vide Sale Agreement dated 25.09.2003 in favour of the petitioners for a consideration of Rs.29,46,000/-. The allottees and the petitioners approached respondent No.1 for transfer of the premises to the petitioner. Respondent No.1, vide re-allotment letter dated 15.10.2003 (Annexure P-6) transferred the premises in favour of the petitioners. It appears that there was some litigations between parties in the Civil Court. At one stage on account of the interim order, the re-allotment letter was withdrawn by the respondent. However, on vacation of the interim stay, the re-allotment letter dated 15.10.2003 was restored in favour of the petitioners. The petitioners had paid the entire amount to the respondent. The grievance of the petitioners is that the possession of the property is not being given to them. Civil Writ Petition No.8350 of 2009 -2- In the reply filed by the respondents, it is stated that the possession was offered on 06.05.2003. From the perusal of the letter of offer, it appears that it was offered to the original allottees and at no stage, possession was offered to the petitioners. The allotment in favour of the petitioners is intact the respondents did not offer the possession to the petitioners. The entire sale consideration/transfer amount stands paid. In view of the above circumstances, this petition is allowed. Respondents are directed to hand over the possession of the S.C.O. No.220, Sector-14, Panchkula to the petitioners within a period of one month. Provided there is no legal impediment on account of any interim stay from any Civil Court. However, such possession shall remain subject to the outcome of any civil litigation in which the petitioners are the parties. 30.09.2010 (PERMOD KOHLI) Gagan JUDGE