DEVENDER KUMAR GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has sought a writ of certiorari to quash communications dated 30.09.2013, 01.10.2013 and an order dated 03.09.2013 passed by respondent No.5 - Principal Secretary, Tourism Department, Government of Haryana and a writ of mandamus to accept lease rent only in respect of land admeasuring only 15,000 square feet and to be computed as per the excise policy and guidelines of Haryana Urban Development Authority (HUDA).

(2.) THERE are two major disputes between the parties. The first relates to the extent of the area in respect whereof the petitioner is liable to pay rent to the respondents. The second relates to the rate at which the rent is to be computed. The petitioner contends that he was in possession of only 15,000 square feet and that the rent is payable as per the policy of HUDA which we will refer to. The respondents, the other hand, contend that the petitioner is liable to pay rent in respect of 30,000 square feet and at a much higher rate.

(3.) RESPONDENTS No.2,3 and 4 are the Deputy Excise and Taxation Commissioner (Excise), Director General, Tourism Department, Haryana and Deputy Commissioner, Faridabad. Respondent No.5 is the Principal Secretary of the Tourism Department, Government of Haryana.