Civil Writ Petition No. 20418 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 20418 of 2008 Date of Order: 13.08.2010 Bhagwan Dass ....Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Jagdev Singh,Advocate for the petitioner. Mr. C.S.Brar, DAG, Punjab, Advocate for the respondents RAJIVE BHALLA, J (Oral). Despite repeated opportunities, no reply has been filed on behalf of the State of Punjab. No further opportunity need be granted as the matter has been pending in motion hearing for the last two years. The petitioner alleges that he had constructed his house in khasra no.163, about 35 years ago. The petitioner is poor man and belongs to Scheduled Caste. He has no other property and, therefore, prays that land in his possession should be allotted to him, in accordance with the policy framed by the State of Punjab and as was directed, in the case of similarly situated persons, in Civil Writ Petition No.470 of 1985, decided on 01.11.1993. It is further prayed that if khasra no.163 is found to be evacuee property, the respondents may be directed to consider the petitioner's claim under the Punjab Package Deal Properties (Disposal) Rules, 1976 Civil Writ Petition No. 20418 of 2008 -2- (hereinafter referred to as the Rules). Counsel for the State of Punjab submits that the petitioner is an unauthorised occupant of public property and therefore, cannot be allotted any land whether on the plea that he belongs to a scheduled caste or under the Rules. It is further submitted that in a civil suit filed by the petitioner, the relief for grant of an injunction has been declined. I have heard counsel for the parties and am of the considered opinion that the petitioner may have a right, in accordance with policies framed by the State of Punjab or the Rules, to allotment of the property in his possession. It is, however, for the appropriate authority to accept or reject the petitioner's prayer for allotment. In this view of the matter, the writ petition is disposed of with a direction to respondents no.2 and 3 to consider the petitioner's claim for allotment of land, in accordance with any policy that may be in force for allotment of land to scheduled castes, and or for allotment under the Rules., within three months from the receipt of a certified copy of this order. During this period of three months, the dispossession of the petitioner, except in due course of law shall remain stayed. It is made clear that this order shall not be construed to be an expression of opinion on the right of the petitioner to be allotted the land in his possession. August 13, 2010 (RAJIVE BHALLA) nt JUDGE