HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 470/2007

IA No. 706/2007

Reserved on: 18.05.2022

Pronounced on: 04.07.2022

Kaka Singh

….Petitioner (s)

Through :- Mr. Rajnish Raina, Advocate

V/s

State and others

….Respondent(s)

Through :- Mr. Adarsh Sharma, Advocate

Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

ORDER

04.07.2022

1.

The present petition has been filed impugning cancellation of allotment

Order No. JDA/P/RN/Ch./887-92 dated 26.04.2007 issued by the

respondents, whereby Plot No. 294A/P Sector 3 measuring 3567 Sft. at

Rajinder Nagar, Bantalab, Phase-II, Housing colony, Jammu, allotted in

favour of the writ petitioner has been cancelled and further prayer to direct

the respondents to execute the Lease Deed and hand over the possession of

Plot No. 294A/P Sector 3 measuring 3567 Sft at Rajinder Nagar, Bantalab,

Phase-II Housing Colony, Jammu.

2.

It is averred in the petition that the petitioner applied for allotment of a

housing plot on lease hold basis at Ban Talab in the year 2003 before the

Minister for Revenue/Housing & Urban Development Department, who

endorsed the application of the petitioner to respondent No.2-Vice

Chairman, Jammu Development Authority for doing the same; that

respondent No.2- Vice Chairman, Jammu Development Authority vide

letter No. JDA/Plots/BT/894 dated 25.01.2003 conveyed his agreement to

allot Plot No. 294A/P Sector 3 measuring 3567 Sft at Rajinder Nagar,

Bantalab, Phase-II. Pursuant to the allotment letter referred above, the

petitioner fulfilled all the required formalities and also deposited an amount

Sr.No. 5

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OWP No. 470/2007

of Rs.2,32,000/- ( Rupees Two Lacs and Thirty Two Thousand only); that

after receipt of the premium amount of Rs.2,32,000/- (Rupees Two Lacs

and Thirty Two Thousand only), the petitioner kept on approaching the

respondent Nos. 2 & 3 for execution of lease deed as well as handing over

the possession of aforementioned Plot No. 294A/P Sector 3 measuring 3567

Sft at Rajinder Nagar, Bantalab, Phase-II, Housing Colony Jammu but

unfortunately respondents 2 and 3 kept on dilly dallying the matter on one

pretext or the other and instead of executing the lease deed and handing

over the possession of aforementioned plot, they (respondent Nos. 2&3)

started extending threats to the petitioner to the extent that the Plot No.

294A/P allotted in favour of the petitioner shall be cancelled and ultimately

the petitioner received communication No. JDA/P/RN/Ch./887-92 dated

26.04.2007 from respondent No.1 whereby the petitioner has been informed

that Plot No. 294A/P Sector 3 measuring 3567 Sft at Rajinder Nagar,

Bantalab, Phase-II, Housing Colony Jammu allotted in favour of the

petitioner stands cancelled.

3.

Feeling aggrieved, the petitioner challenges the cancellation of allotment

Order No. JDA/P/RN/Ch./887-92 dated 26.04.2007 issued by the

respondents, inter alia on the following amongst other grounds:

(a) that the impugned cancellation of allotment Order No.

JDA/P/RN/Ch./887-92

dated

26.04.2007

issued

by

the

respondents is against law and facts of the case and, as such, the

same cannot be sustained in the eyes of law and deserves to be

quashed;

(b) that the impugned cancellation of allotment order No.

JDA/P/RN/Ch./887-92

dated

26.04.2007

issued

by

the

respondents, deserves to be quashed as the same is in violation

of principles of natural justice inasmuch as no opportunity of

being heard has been offered to the petitioner before passing the

order impugned;

(c) that the impugned cancellation of allotment order No.

JDA/P/RN/Ch./887-92

dated

26.04.2007

issued

by

the

respondents deserves to be quashed because the respondents

have mentioned in the order impugned that the case of the

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