NATHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who is working as Class IV employee in HAFED, has filed the instant writ petition for quashing of the order dated 5.8.2011 (Annexure P-5) passed by the Estate Officer, HUDA, Kaithal (respondent No. 3 herein), whereby after providing an opportunity of hearing to the petitioner he was found ineligible for allotment of the plot in Government Servants Reserve Quota (GSRQ) category for which he had applied, and ordered the refund of earnest money to him; as well as the order dated 8.2.2012 (Annexure P-7), whereby the appeal/representation filed by the petitioner against the aforesaid order has been dismissed by the Administrator, HUDA, Panchkula (respondent No. 2 herein). In the present case, the HUDA invited applications for allotment of residential plots of various categories in Sector 21, Kaithal. In the said advertisement/brochure, some plots of different categories were reserved for GSRQ category. Though the petitioner is not a Government Servant, as he has been working as Class IV employee in HAFED, but he applied for allotment of 8 Maria plot under GSRQ category. His name was included in the draw of lots held on 5.4.2011 subject to the condition of his eligibility. In the said draw, he was declared successful and a plot measuring 8 Maria bearing No. 642-P, Sector 21, Kaithal was allotted to him subject to the condition of his eligibility. Consequently, the Estate Officer, HUDA, Kaithal vide its letter dated 29.4.2011 informed the petitioner to complete the eligibility condition for allotment of the plot to him out of GSRQ category and asked him to furnish certain documents with regard to proof of his Government Servant. On scrutiny of the documents submitted by the petitioner, it was found that he was working as Class IV employee in HAFED and was not a Government employee, therefore, he was asked to explain his position regarding eligibility and was also afforded an opportunity of hearing on 29.6.2011. After hearing him, the petitioner was found ineligible for allotment of the plot under GSRQ Category being an employee of the HAFED as the employees of Cooperative Federation were not eligible to apply under the said category. Consequently, the claim of the petitioner for allotment of the said plot was rejected by the Estate Officer. HUDA, Kaithal oh 5.8.2011 by passing a speaking order.

(2.) Feeling aggrieved against the said order, the petitioner filed an appeal under the HUDA Act, 1977, which was not maintainable. However, the appeal of the petitioner was considered as a representation and the same was also rejected by the Administrator, HUDA, Panchkula vide order dated 8.2.2012.

(3.) The petitioner has challenged the aforesaid two orders in the present writ petition.