Civil Writ Petition No. 19222 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 19222 of 2009 Date of Decision: 3.8.2010 Mitha Singh and Another …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. N.P.S. Mann, Advocate for the petitioners. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for respondents No.1 to 4. Mr. B.S.Sewak, Advocate for respondent No.5. Mr. Dharminder Singh Randhawa, Advocate for respondents No.6 and 7. Kanwaljit Singh Ahluwalia, J. (Oral) Two residents of village Dadheri, Block Amloh, District Fatehgarh Sahib, have approached this Court and prayed that a writ, in the nature of certiorari, be issued and order dated 30.10.2007 (Annexure P8) be set aside, whereby the Director, Rural Development and Panchayat, Punjab, had cancelled the resolution dated 27.6.2006 (Annexure P2), passed by Gram Panchayat, Dadheri, on the ground that it had not allotted the plots to the deserving persons but to their own relatives and thus, the scheme (Annexure P1) has not been followed in the right earnest. The Financial Commissioner-cum-Principal Secretary, Department of Rural Development and Panchayat, Punjab at Civil Writ Petition No. 19222 of 2009 2 Chandigarh, on 17.4.2001 had issued a scheme (Annexure P1) to the effect that scheduled caste and other poor families were not having their houses and were living in a small room which was not in consonance with the policy of the Government to promote social harmony and hygiene. The Government took a conscious decision that free plots ought to be given to the homeless, poor and destitute persons. The scheme (Annexure P1) laid down the criteria and procedure for allotment of the plots. In consonance with the same, Gram Panchayat of village Dadheri, on 27.6.2006, had passed resolution No.3, a copy whereof is annexed with the present writ petition as Annexure P2. A complaint was made to the authority that the list, so prepared by the Gram Panchayat, was not of the genuine persons, rather a favouritism had been shown by the Gram Panchayat and the plots had been allotted to their own relations and to those who were not the residents of the village and were ineligible, for having a property in their names. I have heard learned counsel for the parties. Learned counsel for the petitioners has submitted that by discarding the entire list, even the deserving persons have been denied as to what was due to them. Mr. B.S. Sewak, Advocate, appearing for respondent No.5 has stated that if the case of each allottee is examined by the Deputy Commissioner, Fatehgarh Sahib, according to scheme (Annexure P1), that will serve the ends of justice. Learned counsel for respondents No.6 and 7, who had filed the complaint dated 11.9.2007 (Annexure P7) before the authorities, has Civil Writ Petition No. 19222 of 2009 3 also no opposition to the proposal advanced by Mr. Sewak. Learned counsel for the State has also agreed to the above said proposal. Since the parties have arrived at a broad consensus that out of the total list of 67 persons, most of the persons are deserving and are genuine, therefore, the entire list should not be discarded simply because the allotment has been made to some other persons who were not entitled to the same. Taking overall perspective in view and granting due sanctity to the broad consensus arrived at between the parties, as noticed in this order, the Deputy Commissioner, Fatehgarh Sahib, is directed to examine the case of each allottee on merits and finalize the same in consonance with the scheme (Annexure P1) after affording an opportunity of hearing to all the concerned. The allotment of the plots shall abide by the final outcome of the enquiry, to be undertaken by the Deputy Commissioner, Fatehgarh Sahib, who shall conclude the same within a period of six months from the date of receipt a certified copy of this order. Till the conclusion of the enquiry, status quo shall be maintained. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge August 3, 2010 “DK”