- (1.) Petitioners are the legal heirs of one Gian Parkash. who have prayed for issuance of a writ of certiorari for quashing order dated 24.12.2007 (Annexure P-4) passed by respondent No. 4, order dated 30.05.2008 (Annexure P-5) passed by respondent No. 3 and order dated 04.11.2008 (Annexure P-7) passed by respondent No. 1, on the ground that the allotment of plot in favour of Gian Parkash (since deceased) has illegally been cancelled.
(2.) In brief, Gian Parkash (since deceased) applied for two plots of 250 Sq. Yards by way of two separate application, Form Nos. 11698 and 11700 in the scheme, floated by respondent No. 2, known as "85 residential plots at Urban Estate Phase 1, 2 and 3, Patiala". In the draw of lots held on 28.06.2007 for allotment of 85 residential plots, against Form No. 11698, plot No. 352. Urban Estate, Phase-2, Patiala, was allotted and the amount deposited in respect of the second Form No. 11700 was refunded. It is alleged that respondent No. 4 issued a letter dated 25.10.2007 (Annexure P-3) to Gian Parkash, to make representation with regard to plot No. 352. Phase-2, Patiala. The said plot was ultimately cancelled vide the impugned order Annexure P-4 on the ground that Gian Parkash had misled the Estate Office and violated the terms and conditions of the brochure while applying for two plots vide two separate application forms in the same category (size-wise). The petitioners filed the statutory appeal which was dismissed vide Annexure P-5 and his revision was dismissed vide Annexure P-7, which led to the filing of present writ petition in which, at the time of issuance of notice of motion, it was observed that the allotment of plot, if any, shall be without prejudice to the petitioners' right.
(3.) Counsel for the petitioners has basically argued that once plot No. 352 was allotted after thorough screening and scrutiny without there being any objection, the respondents had no right to cancel it, even on the alleged ground that the petitioners had applied for two plots of the same category/size.;