- (1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking the issuance of a writ in the nature of Mandamus for directing the respondents to issue a domicile/residence certificate.
(2.) Haryana Urban Development Authority (for short 'the HUDA') issued a Scheme for allotment of residential plots in Sector 32, Urban Estate, Karnal, wherein 5% of the total number of plots were reserved for the Advocates, who are practicing in District Courts, Karnal. As per the Scheme, following persons were to be eligible for allotment of plots in Advocates Category :- "a) The applicant must be a lawyer practicing in that Urban Estate, where he or she applies for a plot. Further, the applicant must be a member of the Bar Association of the District or Sub-Division comprising that Urban Estate and registered with the Bar Council of Punjab and Haryana High Court for at least one year on the date of submitting his or her application for the allotment of a plot under the policy. (b) The applicant should not be having a plot or house in any Urban Estate of Haryana State, Chandigarh or Mohali in his or her name or in the name of his or her spouse or dependent children or in the name of HUF comprising all or one of them. (c) Those advocates who have ever been allotted a residential plot out of GSRQ (Government servant Reserve Quota), Discretionary Quota, or any other reserved category at any time anywhere in Haryana shall not be eligible to apply under this policy. (d) An affidavit in this effect (regarding the terms and conditions mentioned above for the Advocates category), attested by an Executive Magistrate Ist Class or Notary Public, shall be submitted along with the application. (e) The applicant must be a permanent resident of Haryana. (f) An applicant under Advocates Category is entitled to avail the benefit of allotment only once in his or her lifetime in any of the Urban Estates in Haryana."
(3.) The petitioner applied for a plot measuring 4 marlas and in the said draw of lots she was successful. Consequent to the draw of lots, the petitioner was allotted Plot No. 1618, GA Category residential (4 marlas in Sector 32 Urban Estate, Karnal) on free hold basis. The petitioner was also issued allotment letter dated 13.1.2014. Respondent-HUDA asked for submission of domicile certificate of Haryana along with 15% of the total price of the plot i.e. an amount of Rs.1,26,893/-. The petitioner thereafter applied for a domicile certificate from the Tehsildar, District Karnal, along with all the requisite documents. However, it is the Municipal Corporation who has to verify the documents before the certificate can be issued. The Municipal Corporation refused to issue the same on account of the fact that the petitioner married in the year 2006 and is residing in Chandigarh.;