IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.3818 of 2008 Date of decision: 15th October, 2009 Baldev Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram Chaudhary, Advocate for the petitioner. Mr. Jaswinder Singh, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed by the petitioner seeking direction that the Fair Price Shop in Jandiala Guru, which was earlier allotted to his father and transferred on the name of his wife, be transferred on his name. The case set out by the petitioner is that Fair Price Shop was earlier run by his father and later the same was transferred to his wife. After the death of his wife, same should be transferred to his name according to the prevailing rules. In the present petitioner, notice of motion was issued. Reply was filed by way of affidavit of Dr.Anjuman Bhaskar, District Food and Supplies Controller, Amritsar. The preliminary objections raised in the written statement read as under: Civil Writ Petitions No.3818 of 2008 “2. That the petitioner has not approached this Hon’ble Court with clean hands. The petitioner had given an assurance by the office of the respondent No.2 that if he is allotted a ration depot, he would resign from his present job in the Postal Department. The petitioner had given this undertaking in the form of an affidavit. However, on perusal, said affidavit found to be not duly attested. The petitioner was therefore asked to get the affidavit. The affidavit was therefore returned to the petitioner in good faith on 23.1.08 and he was asked to re-submit the same after proper attestation. However, as the petitioner did not turn up with the attested affidavit for quite sizable a period of time, the respondent No.2 vide its memo No.N.D.I-08/951 dated 10.4.08 (Annexure R-3), sent a written communication to the petitioner, thereby requiring him to submit the duly attested affidavit within 10 days. However, the petitioner neither turned up nor he submits any written reply to the respondent No.2 written communication (Annexure R-3). The petitioner has concealed this material fact from the Hon’ble Court while filing the instant writ petition. He is thus stopped by his own conduct from filing the present writ petition.” Mr.Jaswinder Singh, Deputy Advocate General, Punjab, appearing for the State, submits that the representation filed by the petitioner is pending and petitioner has still not furnished the requisite affidavit and the undertaking. Counsel for the State further submits that in case necessary affidavit and undertaking is furnished, the representation filed by the petitioner shall be considered in accordance with provisions of law. Mr. Vikram Chaudhary, appearing for the petitioner, states that he will submit the requisite affidavit and the undertaking within 15 days to the satisfaction of respondent No.2. 2 Civil Writ Petitions No.3818 of 2008 Accordingly, respondent No.2 is directed to decide the representation filed by the petitioner within three months and take a final decision regarding transfer of the Fair Price Shop in the name of the petitioner. With these observations, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 15, 2009 rps 3