JAWAHAR LAL GUPTA, J. - (1.) ON June 21, 1977, the Estate Officer, Urban Estates, Punjab informed the petitioner that it had been decided to allot you a one kanal plot in the Urban Estate at Jalandhar. "the petitioner was called upon to complete the application form, file an affidavit and submit a bank draft for an amount of Rs. 6750/- within the stipulated period of 15 days. The petitioner complied with all the requirements within the stipulated period. This was acknowledged by the authority vide its letter dated July 4, 1977; a copy of which has been produced as Annexure P-2. After repeated reminders and re quests for the issue of a letter of appointment, the petitioner was informed vide letter dated August 10, 1981 that "there is no one kanal plot available in Phase-I under the Discretionary Kota (quota ). Therefore, your application under (on) this subject cannot be considered for allotment. " A copy of this order has been produced as Annexure P-7 with the petition. Aggrieved by this action, the petitioner has approached the Court through the present writ petition.
(2.) INITIALLY , the authorities of the Department of Urban Estates, Punjab had been impleaded as respondents. Subsequently, their functions were allocated to the Punjab Housing Development Board. The petitioner had filed a Civil Miscellaneous Application for impleading the Punjab Housing Development Board through its Chairman as a respondent. This prayer was allowed vide order dated December 1, 1993. Shri. P. S. Thiara had put in appearance on behalf of the Board. The written statement which had already been filed by the Estate Officer, Urban Estates, has been adopted by Shri Thiara on behalf of respondent No. 5. In this written statement, it has been interalia averred to availability of the plot and since subsequently no plot was available the allotment could not be made. "in has been further averred that vide letter dated May 9/13, 1974, the Government had taken a decision that a total of 12 plots measuring one kanal each were to be allotted; on the basis of the Serial Nos. shown in the list enclosed. The petitioner did not figure in the list as he had applied only in 1977. It is submitted that after 1974 all allotments have been made in accordance with the enclosed list The last-allotment was made on 27th August, 1980 and no allotment have been made in this phase after that date in discretionary quota. "on this basis, the respondent contests the claim of the petitioner.
(3.) I have heard Shri S. C. Nagpal for the petitioner and Shri P. S. Thiara for the respondent. Shri Nagpal submits that the decision to allot a one kanal plot in the Urban Estates at Jalandhar having been conveyed to the petitioner and the respondents, having accepted 25 percent of the total price of the plot, the action in not giving possession to the petitioner is wholly arbitrary and unfair. On behalf of the respondents, Shri Thiara has sought to justify the action of the respondents only on the ground that no allotment out of the Discretionary quota has been made after August 27, 1980.;