SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos.20614 of 2011, 20836 of 2011, 20840 of 2011, 16676 of 2012, 17424 of 2012 and 17616 of 2012 as the common question of facts and law is involved in these petitions.

(2.) For facility of reference, the facts are extracted from C.W.P. No.20614 of 2011.

(3.) In this writ petition, the petitioner has challenged the order dated 27.5.2011 (Annexure P5) passed by the Estate Officer, HUDA, Jagadhri, whereby in pursuance of a direction issued by this Court vide order dated 10.11.2000 in the earlier petitions filed by the petitioners, respondent No.3 was directed to pass a speaking order after providing an opportunity of hearing to the petitioners. In the said order, it was specifically made clear that the petitioners shall not be entitled to benefit of allotment of plots in their favour unless the fresh orders are passed by the competent authority in terms of the said direction. The Estate Officer vide impugned order cancelled the draw of lots conducted on 7.7.2008 qua the applicants of category SC/ST Group 'A' and SC/ST Group 'B' separately and it was directed that conduct of draw of lots of two Groups separately by dividing the SC and ST category is contrary to the decisions of the Hon'ble Supreme Court and this Court, and, as such, he ordered for re-conduct of the draw of lots of all the applicants of SCs/STs, irrespective of Group 'A' and Group 'B'. It has been specifically mentioned that if any of the petitioners does not want to participate in the fresh draw of lots, it will be open to him to seek refund of the earnest money deposited by him and the same may be made to him, and the applications of all the willing applicants, who want to participate in the fresh draw of lots, be included.