IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.12489 of 2009 Date of Decision: 18.08.2009 Kewal Krishan Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Pardeep Rajput, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) This writ petition has been filed with a prayer that directions be issued to the respondents to allot a plot to the petitioner, against oustees quota. It is an admitted fact that to acquire land, owned by the petitioner, a notice under Section 36 of the Punjab Town Improvement Act 1922 (in short, the Act) was issued on 18.6.1961. Thereafter, notice under Section 42 of the Act was issued and Award was pronounced on 15.9.1971. The possession was taken over by the Improvement Trust on 27.6.1972. As per admitted position, the petitioner purchased land out of the land so acquired, from one Ram Singh on 16.4.1973. It appears that thereafter, in a very mala fide manner, he moved an application to get a plot allotted as a local displaced person. On his application, some order/ proceeding was Civil Writ Petition No.12489 of 2009 passed by one Satinder Bawa on 28.4.2008, stating therein that the petitioner is eligible to get a plot. This Court feels that the order passed is totally without jurisdiction and smacks of mala fide. Action is required to be taken against above named Satinder Bawa, who has issued a letter on 28.4.2008, on the basis of which, the petitioner is asserting his right, to get a plot, as a local displaced person. Regarding land, in dispute, notice was issued in the year 1961, award was passed in the year 1971, possession was taken in the year 1972. When the land was purchased by the petitioner, Ram Singh was not even owner of the land, in dispute. It is surprising that in the face of facts mentioned above, how the petitioner was held entitled to get a plot allotted as a local displaced person. By passing the order/ proceeding dated 28.4.2008, unnecessary litigation has been created by an officer of the Improvement Trust, for which, there is no justification. In view of facts mentioned above, this writ petition is dismissed. Directions are issued to the Secretary, Local Government Department, Punjab, to take action against the officer(s), who has passed the proceeding dated 28.4.2008 attached as Annexure P4 with this writ petition. Mr.A.K.Sharma, Additional Advocate General, Punjab is directed to communicate the order passed by this Court to the officer concerned. It is directed that strict action be taken against the guilty officer (s), for passing an illegal order/proceeding. Copy of the report, after taking action, be sent to this Court for records. 18.08.2009 (Jasbir Singh) gk Judge 2