SONU KAPOOR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The challenge in the present writ petition is to communications dated 24.03.2009 (Annexure P-10); 02.06.2009 (Annexure P-11); 16.06.2009 (Annexure P-15) and 10.04.2012 (Annexure P-22) as well as an order dated 19.11.2012 (Annexure P-26) whereby the allotment of plot No.2396, Sector 65, Faridabad, was cancelled.

(2.) The petitioner applied for a residential plot at Sector 65, Faridabad by raising loan from Central Bank of India, Putlighar Branch, Amritsar on deposit of 10% of the amount of total sale consideration i.e. Rs.2,22,138/-. In the draw of lots, the petitioner was successful and letter dated 30.05.2007 was forwarded by Estate Officer, Haryana Urban Development Authority (for short 'HUDA'), Faridabad to Manager, Central Bank of India, Queens Road, Civil Lines, Amritsar (Punjab) i.e. the address given by the petitioner in the application form submitted to the respondents. It was pointed out that the allotment letter was sent by Estate Officer, HUDA to the Bank which was released after the petitioner cleared the loan of the Bank on 08.02.2012. A copy of letter of allotment has been attached with the writ petition as Annexure P-6. The relevant conditions from the letter of allotment reads as under:-

(3.) The petitioner asserts that she contacted Central Bank of India in October, 2007 and on being informed that she is successful in draw of lots, she sent a demand draft of Rs.3,60,000/- on 24.10.2007 towards 15% of the amount of total sale consideration to Estate Officer. The petitioner sent another communication on 30.08.2008 that she has been informed that demand draft of Rs.3,60,000/- has not been received, therefore, she sought to furnish a new demand draft on issuance of a certificate by the respondent- HUDA that the amount of draft has not been credited to their account. It was on 04.09.2008, the Bank confirmed that draft dated 24.10.2007 has not been paid.