HARISH KUMAR VIRJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two Civil Writ Petitions (No. 15867 of 1992 K. G. Prashar and Anr. v. State of Haryana others and 16437 of 1991 'harish Kumar Virja v. State of Haryana and Anr. ') as common questions of law and fact are involved therein. The facts have, however, been extracted from Civil Writ Petition No. 16437 of 1991 (Harish Kumar Virja v. State of Haryana and Anr. ).

(2.) HARISH Kumar Virja seeks writ in the nature of certiorari so as to quash Annexure P-1 vide which he has been asked to deposit an amount of Rs. 21,710/- in addition to the price already settled for allotting plot to him way back in the year 1980. This extra price is being asked on the sole ground that the prices of the plots prevalent in the year 1990, when letter, Annexure P-l, was issued, necessarily require deposit of Rs. 21,710/ -.

(3.) BRIEF facts of the case reveal that father of petitioner late Shri Mangat Ram Virja applied for allotment of plot measuring 299 Sq. metres through Sainik Board, Gurgaon in the year 1978 and deposited an amount of Rs. 500/- vide receipt dated October 26, 1978. He was also asked to deposit an amount of Rs. 1775/- towards earnest money which was also deposited. On March 27, 1980 he was informed that plot measuring 299 Sq. metres had not come in draw in his favour but he would be accommodated for plot measuring 135 sq. metres. This offer was accepted by him and resultantly plot No. 1499 measuring 135 sq. metres was offered to him Sector 17, Gurgaon. However, when he went to take possession of the said plot, he was told by the Engineer concerned that even though the plot existed on the map but in reality it was not there. That being so, he was assured that he would get plot in lieu of Plot No. 1499/17. On September 7, 1978 the Estate Officer intimated to him that he had been allotted Plot No. 1263 in Sector 17, Gurgaon in lieu of plot No. 1499, Sector 17, Gurgaon. He was delivered letter of possession on October 6, 1984. The Estate Of- ficer further intimated to him on September 11, 1987 that Plot No.-1263 in Sector 17 was cancelled in view of it being allotted under discretionary quota. This confusion was promptly removed by saying that the said plot had been allotted to him as an ex- serviceman and it had not come to him on discretionary quota basis. The same was, however, restored. The mother of petitioner, Smt. Kaushalya Devi, made request to the Estate Officer on January 21, 1991 to transfer the plot No. 1263 in Sector 17 in the name of petitioner, who was in government service and had capacity to raise loan to construct the house. This request was acceded to and plot was transferred in the name of petitioner vide letter dated May 10,1990 which was conveyed to him on September 10, 1990. For ten long years thus nothing happened in the matter and it was only on May 27,1991 that petitioner to his complete dismay and disappointment received letter, Annexure P-l asking him to deposit an amount of Rs. 21710/ -. It is this demand, as earlier mentioned, which has been challenged in the present petition styling the same to be wholly arbitrary.