MAHIPAT SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court claiming a writ of mandamus for directing the respondent No.2-Chief Administrator, Haryana Urban Development Authority (for short 'HUDA'), Panchkula to condone the delay in deposit of 15% of the consideration amount by the petitioner.

(2.) The petitioner applied for allotment of a residential plot of land measuring 8 Marla in Sector-7, Urban Estate, Jind on 05.01.2010. The petitioner availed financial assistance of Rs.1,16,000/- from ICICI Bank. The bank charged a sum of Rs.5050/- as interest on the amount of Rs.1,16,000/- deposited by the Bank to HUDA as registration money. The petitioner was communicated by ICICI Bank on 03.08.2010 that he was successful allottee in the draw of lots held by HUDA. The petitioner was requested to deposit a sum of Rs.1,16,000/- in its bank account. The petitioner deposited the said amount on 31.08.2010.

(3.) The stand of the petitioner is that from the website of HUDA, he found his name is at Serial No.43 of the list in General category in the draw of plots held on 23.06.2010. Plot No.457 was earmarked against his name. But the allotment letter was not received by the petitioner either from the Bank or from the Estate Officer, HUDA. The allotment letter has now been produced with the writ petition as Annexure P-19. The relevant extract such as clauses 4 & 5 of such allotment letter read as under:-