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2014 DIGILAW 1389 (PNJ)

Charanjeet Kaur Virk v. State of Haryana

2014-10-06

HEMENT GUPTA, JAISHREE THAKUR

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JUDGMENT JAISHREE THAKUR, J. 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 1st 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. 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. 4. Aggrieved by the action of the respondents in refusing to issue domicile certificate, the petitioner filed the present writ petition seeking a direction to the effect that a domicile certificate be issued to her so that she can avail of the plot allotted to her in the draw of lots. 5. The respondent-Municipal Corporation, Karnal has filed its reply stating therein that the writ petition is not maintainable and is hit by Section 15 of the Indian Succession Act, 1925, according to which a woman after marriage, acquires the domicile of her husband. Since the petitioner got married to Mr. Jagjot Singh Lalli in the year 2006, who is a permanent resident of Chandigarh, therefore, the petitioner would not be entitled to a domicile certificate as claimed. 6. In a short reply, filed by the Tehsildar-cum-Executive Magistrate, Karnal, it is stated that domicile/residence certificate can be issued only on the basis of report of the Municipal Corporation and unless and until the said report is issued in favour of the applicant, no domicile/residence certificate can be issued. 7. It is contended by learned counsel for the petitioner that Haryana Government on its website has uploaded the checklist of documents required and the conditions for obtaining the domicile/residence certificate. The following are the requisites for obtaining Residential Certificate:- 1. Application. 2. Any one from the following Noted Conditions : (i) Applicant is resident of the district by birth. (ii) Birth Certificate of the applicant. (iii) The applicant should have a permanent house in District. The following are the requisites for obtaining Residential Certificate:- 1. Application. 2. Any one from the following Noted Conditions : (i) Applicant is resident of the district by birth. (ii) Birth Certificate of the applicant. (iii) The applicant should have a permanent house in District. (iv) The applicant has been resident in the District for 15 or more than 15 years. 3. Ration Card/ Voter I-Card/name in the voter s list. 4. Report regarding residence place from/Patwari/M.C./Sarpanch/Municipal Corporation (in the case of woman on the basis of residence of husband or on completion of 15 years). 5. Affidavit. 8. The argument of the petitioner is that she was born in Karnal and her parents have settled in District Karnal for the past 60 years and her ancestral property is also situated within the district of Karnal. Father of the petitioner is maintaining a permanent house in Karnal bearing House No. 1279, Sector 13, Urban Estate, Karnal. The petitioner also got her education from Dayal Singh Public School, Karnal and got her degree of Bachelor of Laws (Professional) from Kurukshetra University, Kurukshetra. Thereafter, she enrolled as a member of the District Bar Association, Karnal in the year 2002 and also practices as an advocate in the District Courts at Karnal. In the year 2006, the petitioner got married to Sh. Jagjot Singh Lalli, who is a practicing lawyer in the Punjab & Haryana High Court at Chandigarh and after her marriage the petitioner shifted to Chandigarh while maintaining her residence at Karnal. 9. The petitioner has annexed her school certificate as well as her Identity Card issued by the District Bar Association, Karnal along with her Voter Identity Card issued by the Election Commission of India. Apart from these documents, the petitioner has also relied upon the Voters list for Assembly Elections held in the year 2014 to show that she is a registered voter at Karnal. Thus, the petitioner fulfills the criteria and the conditions for obtaining the domicile/residence certificate. The petitioner relies upon these documents to show her entitlement for the issuance of domicile/residence certificate. Apart from this, the counsel for the petitioner has also stated that she has not applied for the domicile certificate elsewhere. 10. Thus, the petitioner fulfills the criteria and the conditions for obtaining the domicile/residence certificate. The petitioner relies upon these documents to show her entitlement for the issuance of domicile/residence certificate. Apart from this, the counsel for the petitioner has also stated that she has not applied for the domicile certificate elsewhere. 10. On the other hand, it has been vehemently argued by learned counsel for the respondents that the petitioner is no longer residing in Karnal and is now a resident of Chandigarh and thus not entitled to the certificate. 11. After hearing learned counsel for the parties, we find that the petitioner is entitled for issuance of domicile/residence certificate from the Municipal Corporation concerned. The petitioner was born at Karnal and has also got her parental home in Karnal. The entire schooling of the petitioner has been from Karnal and thereafter, higher education is also from the State of Haryana. It can safely be said that she has stayed at Karnal for more than 15 years. To date she continues to maintain her residence at Karnal which is evident from the voters list prepared for the 2014 Assembly Elections. Thus, as per the requisites for obtaining a residential certificate as contemplated by the Haryana Government, the petitioner fulfils the criteria and is entitled to be issued a domicile/ resident certificate. 12. In view of the above, this writ petition is allowed and the respondents are directed to issue domicile/residence certificate to the petitioner forthwith. No order as to costs. Petition allowed.