JUDGMENT

Mr. Vinod S. Bhardwaj, J.

The question which arises in the present petition is as to whether the Permanent Lok Adalat (Public Utility Services) can uphold an alienation of property made in violation of the terms & conditions of the letter of allotment and issue a direction to transfer the plot.

2. The instant petition has been filed under Articles 226/227 of the Constitution of India for setting aside of the impugned award dated 15.05.2014(Annexure P-4) passed by respondent No.2-Permanent Lok Adalat, Public Utility Services, Sirsa.

3. Briefly summarised, the facts of the present case are that one plot bearing No.999 measuring 75 sq. meters situated in Sector 20, Part-II, Sirsa was allotted to one Smt. Seeto Devi wife of Late Sh. Bahadar Singh, resident of Village Patli Dabar, Tehsil & District Sirsa vide allotment letter No.1458 dated 01.06.1998 (Annexure P-1) under the policy named as Economically Weaker Sections. It was averred in the application preferred before the Permanent Lok Adalat (Public Utility Services), Sirsa that the Conveyance-deed of the above-said plot was executed by the HUDA now HSVP in favour of Smt. Seeto Devi vide Sr. No.5159 dated 17.07.2006 was duly registered in the office of Sub Registrar, Sirsa. The above-said plot was transfer by Smt. Seeto Devi in favour of one Smt. Bhagwan Devi wife of Satnam Chand, resident of Sirsa for a sum of Rs.2,96,500/- vide sale-deed No.5178 dated 17.07.2006 i.e. on the date of execution of Conveyance-deed itself. The physical possession of the plot in question was also delivered to Smt. Bhagwan Devi by the original allottee Smt. Seeto Devi. Thereafter, the above-said Smt. Bhagwan Devi executed sale-deed of the said plot in favour of Bimla Devi(respondent No.1) vide sale-deed No.9231 dated 13.02.2007 for the same sale consideration of Rs.2,96,500/-. She took possession of the aforesaid plot from Bhagwan Devi and became owner in possession of the said plot. An application was thereafter moved by Bhagwan Devi in the office of the petitioner-HSVP for transfer of the ownership entries in her name in their record. The said transfer was refused by the authorities whereupon the application under Section 22 -C of the Legal Services Authorities Act, 1987 was preferred before the Permanent Lok Adalat (Public Utility Services), Sirsa.

4. The petitioner-HSVP entered appearance before the Permanent Lok Adalat (Public Utility Services), Sirsa and filed joint reply contesting the petition. It was admitted that the plot in question was originally allotted to Smt. Seeto Devi wife of Late Sh. Bahadar Singh, resident of Village & Post Office, Patli Dabar, Tehsil & District Sirsa vide allotment letter No.1458 dated 01.06.1998. under the policy for Economically Weaker Sections (E.W.S.). The terms & conditions of the allotment prescribed in Condition No.24 of the allotment letter that the allottee would not be entitled to sell, transfer, gift or mortgage the plot in question for a period of ten years. The original allottee Smt. Seeto Devi did not comply with the above-said terms & conditions and executed the sale-deed before expiry of the above-said prohibitory period. The transfer being in violation of the terms & conditions, has no adverse bearing on the rights of the petitioner and that the petitioner would be entitled to ignore any such transaction carried out in breach of the mandatory terms & conditions. It was further averred that as per the procedure prescribed, in the event of any allottee seeking to transfer the purported plot by petitioner-HSVP, permission is required to be obtained from the Estate Officer, HSVP after de