AI Structured Summary
Not yet generated for this judgment
Judgment
By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of
mandamus directing respondent No.2 to consider his claim for the allotment of a plot under the Local Displaced Persons Quota in lieu of his acquired
land for 'Mal Mandi Scheme' and to allot a plot as per the entitlement of the petitioner as he had already deposited the earnest money in January 2009.
The petitioner was owner in possession of the land which was acquired by respondent No.2 vide notification dated 29.11.2001 (Annexure P-1) for
the development of 'Mal Mandi Scheme'. Respondent No.2 asked all the eligible persons to deposit the earnest money for the allotment of plots at
reserve price. In response thereto, the petitioner applied for the allotment of a plot and also deposited earnest money vide receipt dated 28.1.2009
(Annexure P-2). Thereafter, the petitioner moved av representation dated 27.4.2017 (Annexure P-3) to respondent No.2 for the allotment of a plot
under the quota of Local Displaced Persons, but no response has been received till date. The petitioner sought information under the Right to
Information Act, 2005 vide application dated 26.9.2017 (Annexure P-4) regarding the non-allotment of a plot under the Local Displaced Persons
Quota which was received vide reply dated 2.11.2017 (Annexure P-5). Hence, the present writ petition.
Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has sent a representation dated 27.4.2017
(Annexure P-3) to respondent No.2, but no action has so far been taken thereon.
After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we
dispose of the present petition by directing respondent No.2 to take a decision on the representation dated 27.4.2017 (Annexure P-3), in accordance
with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of three months from the date of
receipt of the certified copy of the order.