- (1.) The challenge in the present writ petition is to an order passed by the Director, Local Government, Punjab, on 13.12.2012 whereby the allotment in pursuance to the Resolution No.81 dated 09.09.2003 in favour of the petitioner was found to be bad in law and was cancelled. Consequent to the said order, consequential order dated 05.05.2014 (Annexure P-13) was passed whereby it was decided that proceedings be initiated for rejecting the sale deeds of the plots vide which the plots have been sold further. It was also ordered that the amendment of entries in the house tax record of Municipal Council, Bareta be carried out.
(2.) The petitioner, an employee of the Municipal Council, Bareta, was allotted residential plot in the Municipal Council Employees Colony, Bareta, in pursuance to Resolution No.81 dated 09.09.2003 of the Municipal Council in a meeting held under the Chairmanship of Smt. Archna Kumari, the then President of the Municipal Council. Another Resolution No.52 was passed on 26.04.2010 allotting plots to Karam Singh and Kala Singh. In terms of the resolution so passed, no letter of allotment was issued to the petitioner. However, it appears that petitioner has executed a sale deed in favour of Smt. Neelam Singla selling the plot as resolved even in the absence of issuance of letter of allotment or a title.
(3.) Some of the Councilors of the Municipal Council filed a writ petition before this Court bearing CWP No.13940 of 2012 titled as Archna Kumari and others v. State of Punjab and others, decided on 25.07.2012 alleging mal-practices on behalf of respondents No.5 and 6 i.e. the then President of the Municipal Council and the Executive Officer. This Court on 25.07.2012 directed respondent No.2 i.e. Director, Department of Local Government to act as per law. It is in terms of such direction, the Director, Local Government has passed an order on 13.12.2012 which is the subject matter of challenge in the present writ petition. The relevant extract from the order reads as under:- "6. That as per report of Regional Deputy Director, Local Govt., Bathinda the plots which have been allotted to Sh. Karam Singh and Sh. Kala Singh vide Resolution No.52 dated 26.04.2010 and plot, which have been allotted to Sh. Vijay Mumar and Smt. Antal Kumari vide Resolution No.81 dated 09.09.2003 have been allotted without the approval of the Government and as such allotments are bad in law and are required to be cancelled. Therefore, I, Ashok Kumar Gupta, IAS, Director Local Govt., Punjab, Chandigarh, exercising the powers conferred vide notification No.1DLG-GB-05/49 dated 19.07.2005, annul the resolution No.52 dated 26.04.2010 and resolution No.81 dated 09.09.2003 of Municipal Council, Bareta. I further direct that Municipal Council, Bareta to take necessary action for retrieving of these plots and report to the government. 7. That as per report of Regional Deputy Director, Local Govt., Bathinda Sh. Rajinder Kumar Single, President, Municipal Council, Bareta, Sh. Kulwinder Singh, Executive Officer (Retd.) and Smt. Archna Kumari, Ex- President and present Councilor of Municipal Council, Bareta have been found responsible for irregularities. Therefore, action is required to be taken against them as per law by the competent authority. Accordingly, a copy of this order is also sent to the Government, which is the competent authority to take action as it deems fit.";