KAMLESH KUMARI CHADHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has assailed the validity of the order of the State Government contained in memo No. 8/147/85/2C II dated 16-1-1986 conveyed by the Administrator, Municipal Committee, Ambala to her vide memo No. 631/TS (2495 TS dated 31-1-86) dated 28-1-1986. Reference to few facts is necessary to appreciate the point arising for determination.

(2.) The petitioner moved to respondent No. 1 for transfer of a plot measuring 25-5/6 square yards near the Milk Booth in street Lakshmi Commercial Bank linking Dev Samaj College Road, Amabala City. Respondent No. 1 vide memo No. 8/147/85-86 dated 20.9.1985 decided to transfer plot measuring 23'-3'x10' at the rate of Rs. 1400/- per square yard to the petitioner and conveyed the information to her. Vide memo No. 459/TS dated 26.9. 1985, Annexure P-3, respondent No. 2 called upon the petitioner to deposit the sale price amounting to Rs. 36,166.66 within three days of the receipt of the order. The amount was deposited and a sale deed dated October 1, 1985 was executed and got registered in favour of the petitioner. Respondent No. 2 vide memo No. 63 I/TS(2495TS dated 31.1.1986) dated 28.1.1986, Annexure P-5, intimated the petitioner that respondent No. 1 vide No 8/147/85/2C II dated 16.1.1986 had decided to cancel the sale.

(3.) The State justified the action on the ground that on re-consideration, it was decided to have the plot open for public use and the respondent No. 2 was directed to refund the sale price.