SHRI ADINATH AUTOMOTIVE Vs. HOUSING BOARD AND ORS.

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to quash letters dated 13.02.2015 and 14.08.2015 issued by the respondents stating that the draw of successful applicants of type -1 flats for industrial units/entrepreneurs which included the petitioner had been set -aside and informing the petitioners that it had been decided to refund the amount deposited by the petitioner and to hold a draw of lots of all the applicants afresh. The letters stated that the action had been taken as per the order and judgment of the Division Bench of this Court dated 08.05.2012 in Kapil Dev v/s. Housing Board Haryana and others in Civil Writ Petition No. 23774 of 2011. The petitioners have also sought a writ of mandamus directing the respondents not to include the flats allotted to them in the draw of lots to be conducted by the respondents.

(2.) In January, 2010, the respondents issued a brochure offering flats in the categories of industrial workers and industrial units/entrepreneurs of Haryana State at Bawal and Barhi on hire purchase basis. The period of registration was 19.02.2010 to 19.03.2010. The petitioner applied under the category of industrial units/entrepreneurs. The brochure stated that the allotment to industrial units/entrepreneurs would be made by a Committee constituted by the Chief Administrator, Housing Board, Haryana on pro rata basis keeping in view the availability of flats. The eligibility conditions for industrial units/entrepreneurs were also stipulated. The industrial units/entrepreneurs were required to have an industrial plot in Haryana at the time of registration of flats and they were required to submit one application indicating the number of flats applied for alongwith earnest money equal to the number of flats applied for. It is apparent, therefore, that the industrial units/entrepreneurs were entitled to apply for more than one flat.

(3.) On 19.03.2010, the petitioner applied for the allotment of 21 flats at Bawal in the category of industrial units/entrepreneurs and deposited Rs. 15,12,000/ - as earnest money with the application. In the draw of lots conducted on 30.07.2010 the petitioner was allotted 21 flats. On 01.09.2010, the petitioner was issued an allotment letter in respect thereof. 140 flats were available in this category viz. industrial units/entrepreneurs and only 35 flats were applied for by 11 applicants. Thus all the applicants in this category having been allotted the flats that they had applied for had no grievance. As 140 flats were available in this category and only 35 flats had been applied for and allotted therein, there were 105 surplus flats.