- (1.) The petitioner was allotted a Booth No. 17-P, Sector 6, Urban Estate, Karnal, on 1.4.1991 for an amount of Rs. 2,62,000. It is stated that 10% of the total amount was paid at the time of auction and 15% was paid within one month thereafter. Rest of the sale consideration was to be paid in ten half yearly instalments and first instalment was to be paid on 31.10.1991.
(2.) When that amount was not deposited, proceedings under Section 17 of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as "the Act") were taken up, even then no amount was deposited. Thereafter, the site in dispute was resumed on 13.2.2001. The petitioner went in appeal, which was dismissed on 31.7.2001. Thereafter, he filed a revision petition, which was disposed of on 8.2.2002 by the Administrator, Haryana Urban Development Authority (hereinafter referred to as "HUDA") directing him to deposit the balance amount along with interest within three months from the date of passing of that order. It was further directed that in case the petitioner failed to do so, the resumption order shall stand revived without any notice to him. It has come on record that the petitioner, in response to that order, deposited an amount of Rs. , 50,000 on 3.4.2002. He also filed an application on that very date i.e. 3.4.2002, for surrender of the site and refund of the amount was sought, as per the HUDA Policy. His request was accepted, regarding which an intimation was sent to him vide letter dated 11.7.2002 and a cheque dated 16.8.2002 for a sum of Rs. 2,75,362 was issued in his favour. The above documents have been placed on record as Annexures R2 & R3, respectively.
(3.) It is not in dispute that the petitioner had encashed the above said cheque. The petitioner, thereafter, filed an application through his General Power of Attorney, namely Mange Ram for re-allotment of the site in question to him on 29.8.2005 and a draft for a sum of Rs. 5,000 was also annexed with it. It appears that said Mange Ram Kaushik had purchased the litigation and made an attempt to get the booth in dispute restored. He again wrote a letter dated 31.10.2005 (Annexure P3) and offered to pay an amount of Rs. 2,90,000 through a pay order towards reallotment of the site in dispute. Innocuously, the above said pay order was got accepted by the HUDA, may be in connivance with some of its officers. Thereafter, the Estate Officer, HUDA, directed the said Mange Ram Kaushik to file an affidavit that he will abide by the terms & conditions of the allotment letter. In response thereto, he filed an affidavit. But the prayer of General Power of Attorney was not accepted. Hence, this writ petition was filed.;