Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.23506 of 2012 Date of Decision : November 30, 2012 Sukhwinder Singh Bhoma & another .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.S.L.Chander Shekhar, Advocate, for the petitioneRs.-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.”
2. To be referred to the Reporters or not?.”
3. Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) The petitioners seek a mandamus to direct the State of Punjab, Deputy Commissioner, Amritsar and the Improvement Trust, Amritsar, to allot them “commercial plots”.
as per the reservation clause mentioned in the policy dated 24.12.1985 said to have been framed by the State of Punjab to rehabilitate '1984 riots affected persons'.
We have heard learned counsel for the petitioners and gone through the record.
No advertisement or information brochure published by the Improvement Trust, State Government or any other State Controlled Agencies inviting applications for allotment of commercial plots, has been placed on record.
Similarly, there is no averment that the applications by any Government agency for allotment of commercial plots were ever invited.
The petitioners have nowhere disclosed that they ever applied for allotment of commercial plots before any agency.
The only alleged advertisement mentioned in this context dated 16.10.2006 CWP No.23506 of 2012 [2].(Annexure P-15) is in fact a public notice for auctioning of certain commercial/residential plots in terms whereof the auction was held on 16.10.2006.
The grievance against such action cannot be raked up at this belated stage.
We also take judicial notice of the fact that the petitioners before us are not the only '1984 riots affected persons' but there are so many others as well.
In case there is any Government policy providing reservation for allotment of commercial plots to riots affected persons, the petitioners are equally eligible to apply for such commercial plots as and when the applications are invited for such allotment.
No direction to allot commercial plots exclusive to the petitioners detrimental to the rights of other riots affected persons, thus, can be issued.
Suffice it to observe that the question of enforcement of reserve clause in the Government policy, if any, would arise as and when the applications for allotment of commercial plots are invited by the Government Agency.
That being not the stage, the writ petition is wholly pre-mature.
Dismissed.
$ (SURYA KANT) JUDGE $ November 30, 2012 (R.P.NAGRATH) Mohinder JUDGE