SURYA KANT, J. - (1.) THE petitioner seeks a writ of mandamus to direct the Estate Officer, HUDA, Panipat, to issue him allotment letter in respect of Plot No.1330 -P, Sector -12, Part II, HUDA, Panipat. He also seeks restraint order against the respondents from dispossessing him from the said plot.
(2.) THE above stated relief has been sought on the premise that the petitioner was owner in possession of land measuring 2 kanals 5 marlas, where he had constructed a house along with tubewell. The said land was acquired by the State of Haryana for HUDA for caving out Sectors 11 -12, Part II, HUDA and Sector 24 Panipat. It is claimed that the petitioner along with other owners formed a cooperative society, known as ''Gandhi Karyakarta Sehkari Awas Samiti '', Panipat, to pursue the case of release of the land of members of the society and in furtherance of the deliberations, the State took a policy decision to release the constructed houses on the acquired land. It is claimed that four 2 kanals each constructed houses were decided to be released and since the petitioner is owner in possession of one of the said houses bearing No.1330 -P, it deserves to be released. The petitioner has made certain accusations against President of the above mentioned cooperative society, especially with reference to the settlement he arrived at with the authorities. Respondent No.1, 2 and 4 have filed written statement and Paras No.5 and 6 of the preliminary submissions made therein are to the following effect: - ''5. That the petitioner was not the owner of any piece of land when notification under Section 4 of the 1894 Act was issued. The Society had purchased 39 kanals 9 marlas of land on 27.05.1982 before the issuance of notification under Section 4 of the Act on 15.12.1982. The father of the petitioner Buddh Ram @ Budha transferred his land in favour of the Gandhi Karyakarta Sehkari Awas Samiti vide Wasika No.5487 dated 05.01.1983. Therefore, it is the cooperative society, which has become the owner of the land, which earlier belonged to Buddh Ram, father of the petitioner. 6. That on the strength of a GPA given by the President of the Society, petitioner Rameshwar Lal Saini illegally sold a 5 marla plot, which has already been acquired by the State of Haryana out of land measuring 39 kanals 9 marlas and 5/25 share of 1 kanal 5 marla of land comprised in rectangle No.19, Killa No.25/3, 27 an d28 by way of registered sale deed date 31.05.1999 in favour of Gurnam Singh son of Dharam Singh, resident of 1907, Sector 11 -12, Part -I, HUDA, Panipat although neither the Society nor the petitioner was the owner of the land. Therefore, FIR had to be lodged against the petitioner and criminal trial is going on. ''
(3.) THE respondents have averred that the settlement was arrived at with the cooperative society and not with the petitioner. Reference in this regard is made to various documents on record.;