GUNEET SINGH LEHI Vs. LT GOVERNOR

JUDGEMENT

(1.) With the consent of counsel for the parties the writ petition is finally heard and being disposed of.

(2.) The petition is directed against the communications dated 1.9.1998, 29.12.1998 and 12.4.1999 issued by the respondents requiring the petitioner to deposit Rs. 8,18,348.00 for mutation of plot No. 134, Hargobind Cooperative Housing Building Society. It is contended in the petition that the petitioner is entitled to mutation of the said plot without payment of any unearned increase.

(3.) The petitioner is the nephew of late Sh. G.S. Lehi who was the lessee of the plot in question under a perpetual sub lease dated 27th April, 1979. A will was executed by the said Sh. G.S. Lehi on 8th September, 1992 bequeathing the said plot to the petitioner. Mr. G.S. Lehi had passed away on 27th August, 1993. The petitioner applied to the Society for transfer of membership of Late Sh. G.S. Lehi in his favour. The Society vide resolution no. R-34, dated 27.2.1994 enrolled the petitioner as a member. The Assistant Registrar, Cooperative Societies was informed vide letter dated 11th March, 1994. The petitioner thereafter submitted the documents to the respondents for mutation of the plot in his name in June, 1994. Thereafter the petitioner received a communication dated 16.2.1995 requiring him to certify that no consideration passed in executing of the wilt and he has succeeded to the property of the deceased Sh. G.S. Lehi. The petitioner responded to the said communication and furnished the certificate. The petitioner received communication demanding house tax receipts, proof of relationship, composition fee and no objection certificate from other relatives of the deceased. These documents were also submitted to the respondent. He again received communication requiring him to furnish additional documents for mutation of the plot. These documents were submitted by the petitioner.