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Judgment
Sanjiv Berry, J.
The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of an appropriate writ, order or direction especially a writ in the nature of mandamus directing the respondents to execute the sale-deed in favour of the petitioner as per allotment letter No.1352 dated 05.03.1999 (Annexure P-2) issued by respondent No.1.
Brief facts of the case are that Vivek Sharma, husband of the petitioner applied for allotment of LIG category House/Flat/dwelling unit at Urban Estate, Phagwara and ₹10,000/- was deposited as earnest money alongwith the application and as per rules of Punjab Urban Development Authority, the respondents allotted ground floor Flat No.445, Urban Estate Phagwara to the husband of the petitioner at a total price of ₹1,43,000/- to be paid in 156 installment of ₹1462/- each over a period of 13 years, vide allotment letter dated 05.03.1999 (Annexure P-2).
The husband of the petitioner deposited 25% as demanded by the respondents and possession was delivered. The husband of the petitioner deposited ₹1,94,000/- including last installment upto 2005 (Annexure P-3). The husband of the petitioner deposited the amount as demanded by respondents from time to time but even after depositing the full amount sale deed was not executed in favour of husband of the petitioner.
The husband of the petitioner filed complaint NO.75/2012 dated 25.09.2012 against the respondent before learned District Consumer Dispute Redressal Forum at Kapurthala.
In the meanwhile, the husband of the petitioner namely Vivek Sharma expired on 17.05.2014 (Annexure P-4).
The respondents, before District Consumer Forum disclosed that some of the amount was not deposited and the Consumer Dispute Redressal Forum vide order 01.04.2015 dismissed the complaint of the petitioner.
Petitioner filed appeal before the State Consumer Disputes Redressal Commission, Punjab but the same was also dismissed vide orders dated 15.05.2017 (Annexure P-6). Aggrieved petitioner, hence filed the present petition.
On the last date of hearing i.e. 11.08.2026, the following order was passed by this Court:-
“Mr. Ashish Grover, learned counsel for respondent No.1 states that even if the total amount due from the petitioner is ₹75,754/- in the year 2020, but he has sought instructions from the concerned officer to state that in the peculiar circumstances of the case, the interest component will be waived off and the petitioner may pay the amount within a reasonable time so that the matter can be settled.
Learned counsel for the petitioner prays for some time to seek instructions in this regard.
On his request, adjourned to 13.08.2026.”
Today, learned counsel for the petitioner submitted that he has sought instructions from the petitioner to state that the total amount of ₹75,754/- which is due against her will be paid by her and requested some time for the aforesaid payment. He further submitted that at this stage, the petitioner confines the relief sought in the present petition to the limited extent that upon deposit of the aforesaid amount within the stipulated period, the respondents may be directed to execute the sale deed in favour of the petitioner as per allotment letter 1352 dated 05.03.1999 (Annexure P-2) issued by the respondent No.2.
Learned counsel for the respondents submits that since the petitioner had not deposited the amount due, therefore, the categoric stand of the answering respondent as per para 14 of the reply had been that without making the due payment, the petitioner is not entitled to get the “No Due Certificate” and to get the convenience deed registered in her favour. However, on instructions from respondents, in compliance of the orders dated 11.08.2026, he submits that in view of the limited prayer made by the petitioner, the respondents will execute the sale deed in favour of the petitioner as per allotment letter 1352 dated 05.03.1999 (Annexure P-2) issued by the respondent No.2 upon the petitioner depositing the aforesaid amount of ₹75,754/-.
We have heard the learned counsels for the parties.
Considering the respective submissions made by learned counsel for the parties, especially the statement given by learned counsel for the respondents Mr. Ashish Grover, upon seeking instructions on 11.08.2026 to the fact that in peculiar circumstances of the case, the interest component will be waived off and the petitioner may pay the amount of ₹75,754/- within a reasonable time so that the matter can be settled, coupled with the statement made by learned counsel for the petitioner seeking reasonable time for depositing, in terms thereof, we dispose of the instant writ petition thereby directing the respondents to issue a ‘No Due Certificate’ and to further execute the conveyance deed in favour of the petitioner qua the property in question as per allotment letter 1352 dated 05.03.1999 (Annexure P-2) issued by the respondent No.2, however subject to depositing amount of ₹75,754/- with respondent No.2 within a period of three months from today.
It is made clear that in no circumstances any further extension of time for such deposit will be granted to the petitioner.
It is, further, made clear that in the event of failure on the part of the petitioner to deposit the aforesaid amount within the stipulated period, the present order shall not endure to her benefit and the respondents shall be at liberty to proceed in accordance with law.