VIDYA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this writ petition for issuance of a writ of certiorari seeking quashing of letters dated 21.07.2016 (Annexure P-20) and 21.02.2017 (Annexure P-23) issued by respondent No.2. Further prayer has also been made for issuance of a writ in the nature of mandamus directing the respondents to take action on letters/representations dated 12.01.2017 and 30.01.2017 (Annexures P-22 Colly), which were sent by the petitioner to the respondents.

(2.) The brief facts of the case of the petitioner are that she was allotted Plot no.290-P in Sector 15A, Hisar, on freehold basis by respondent No.2-Haryana Urban Development Authority (hereinafter called, the HUDA ), vide allotment letter No.5507 dated 15.09.1982 (Annexure P-l) and its tentative price was Rs.53,900/-. 25% of the price of the said plot was paid on 13.10.1982. The balance sale price was also deposited by the petitioner. Asper the HUDA, letter of offer of possession of the said plot was issued on 02.05.1987. But the same was never received by the petitioner. No letter was ever sent to the petitioner by the HUDA through registered post, as has been provided in Section 42 of the Haryana Urban Development Authority Act, 1977. The HUDA also raised demand of enhanced price and, accordingly, petitioner deposited the enhanced amount of Rs.20,000/- on 11.05.1993 and another Rs. 10,000/- on 20.07.1993 against receipts, Annexures P2 and P3 respectively. Vide letter dated 15.03.1994 (Annexure P-4), the petitioner informed the HUDA that possession of the plot was not handed over to her. On this, the authorities, vide notice No.5591 dated 04.04.1994 (Annexure P-5) informed the petitioner that the letter for possession of plot was already issued on 02.05.1987. The petitioner sent reply to the said notice, vide letter dated 05.05.1994 (Annexure P-6). In the meantime, the HUDA raised further demand of enhanced price, which was challenged by the Residents' Welfare Association. On 23.04.1996, the HUDA passed order (Annexure P-7) regarding resumption of the plot of the petitioner. In the appeal preferred by the petitioner, she was given 30 days' time to deposit all the outstanding amount, vide order dated 11.07.1996 (Annexure P-8).

(3.) The petitioner filed Civil Suit No.71 of 1996 at Hisar, challenging the order dated 11.07.1996 (Annexure P-8). The suit as well as appeal were dismissed holding that the jurisdiction of Civil Court was barred under Section 50 of the HUDA Act. Even, the Regular Second Appeal was dismissed by the High Court with the observations that the findings recorded on the other issues by the Civil Court are only for the purpose of deciding the issues raised in the present proceedings and such findings cannot be taken into consideration in proceedings before the competent court of law. At the time of filing of the aforesaid suit, the petitioner deposited Rs,35,000/- with the HUD A on 27.11.1997, against the receipt (Annexure P-10) as per the directions of the Civil Court. The another amount of Rs.25,000/- was deposited by her on 07.10.2004 against the receipt (Annexure P-11), in compliance of the order of the High Court.