IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 16660 of 2009 Date of Decision: 11.8.2010. Smt. Saroj @ Manju --Petitioner Versus The State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Arvind Bansal, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana for respondent no.1. Mr. Manish Bansal, Advocate for respondents no.2 and 3. *** PERMOD KOHLI.J (ORAL) The petitioner belongs to the Dhanak caste which is declared as one of the scheduled castes. Respondent no.2 invited applications for allotment of free hold residential plots in Sector 17, Part-II, Jagadhari. 7.5% of 6/4 marlas plots were reserved for Scheduled Castes and Scheduled Tribes in Groups A and B. The petitioner applied under Group-A. Petitioner also deposited the earnest money as required under the brochure. Draw of lots was conducted by the H.U.D.A on 7.7.2008 and petitioner was declared successful in draw of lots. Accordingly, plot bearing no. 3208 in Sector 17, Part-II, was allotted to the petitioner and he was asked to deposit a sum of Rs. 79,900/- with the bank. Vide a subsequent letter dated 21.8.2008 petitioner was asked to complete all the formalities by submission of documents within 15 days. The petitioner complied with the aforesaid letter. It is stated that despite completion of the formalities the process of issuance of allotment letter and handing over the possession was delayed by the respondents. The petitioner was conveyed vide letter/order dated CWP. No. 16660 of 2009 -2- 29.9.2009 (Annexure P-12) that the Chief Administrator, H.U.D.A has decided to conduct a fresh draw of lots for Scheduled Castes category together for Groups A and B in view of the fact that reservation of categories in Groups A and B has been abolished from the reservation roster of Scheduled Castes category. It is this communication/order which is under challenge in the present petition. Consequently, the petitioner is seeking a writ of Mandamus for issuance of a formal order of allotment of plot No.3208, Sector 17, Part-II, Jagadhari. Learned counsel for the respondents has, however, resisted the prayer made in the writ petition. It is stated that the categorization of Scheduled Castes in Groups A and B having been quashed by the Hon'ble Supreme Court in case of Gaje Singh Vs. State of Haryana and others and other connected matters, the field staff of H.U.D.A wrongly categorized two categories and when this fact came to the notice of the Chief Administrator, H.U.D.A, the earlier draw of lots has been cancelled and H.U.D.A has decided to conduct a fresh draw of lots amongst the applicants who applied in response to the Advertisement dated 7.1.2008. I have heard learned counsel for the parties. It is not in dispute that a plot was allotted to the petitioner, who applied under Scheduled Caste Category, Group-A. It is equally established that these categories were quashed by the Hon'ble Supreme Court and now there is one unified category i.e. Scheduled Caste category. The H.U.D.A when noticed this fact has decided to conduct a draw of lots afresh for the combined category of Scheduled Caste. I do not find that the action of the respondents suffers from any infirmity legal or factual, the two categories having been quashed by the CWP. No. 16660 of 2009 -3- Hon'ble Supreme Court. In any case the petitioner's right to participate afresh in the draw of lots has not been taken away. Under the above circumstances, the action of the respondents is not required to be quashed. It is, however, open to the petitioner to seek refund of the amount or to participate afresh in the draw of lots. Learned counsel for the petitioner submits that petitioner is willing to participate in the draw of lots which is likely to be conducted by the respondents. Since the money of petitioner and may be of so many other applicants is lying with the respondents, it is deemed appropriate that fresh draw of lots be conducted not later than two months. Petition disposed of. (PERMOD KOHLI) JUDGE 11.8.2010. lucky