LAWS(P&H)-1999-5-47

FATEH SINGH JITENDER KUMAR Vs. STATE OF HARYANA

Decided On May 04, 1999
FATEH SINGH JITENDER KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Shri Jitender Kumar, who appears to be one of the partners in the firm M/s Fateh Singh Jitender Kumar, was allotted shop plot No. 112 measuring 20' x 85' for a price of Rs. 10,25,000/- on the basis of highest bid given by him at the auction held on 16.4.1998 by the Market Committee, Gohana. Conditions No. 2, 4, 15 incorporated in the letter of allotment dated 10.8.1998 issued by the Chairman/Administrator, Market Committee, Gohana which have bearing on the petitioner's claim, read as under:

(2.) The allottee took possession some time in September, 1998. Immediately thereafter, he submitted application dated 29.9.1998 to the Secretary of the Market Committee for release of water connection and although it is not born out from the record as to whether or not water connection was released to him, bare reading of the letter Annexure P.5 Shows that the allottee completed the construction of shop and residential unit by installing water pump. Not only this electric and telephone connections were also obtained by him.

(3.) The grievance of the petitioner is that even though the Market Committee has failed to provide amenities like water and sewerage connections, it is arbitrarily charging interest on the instalments of premium, ft has prayed that the respondent Market Committee may be restrained from charging interest and a writ in the nature of mandamus be issued directing it to provide amenities like water, sewerage and electricity connections, roads, sheds etc.