D.S. Tewatia, J. - (1.) Three writ petitions viz., C.W.Ps. No. 4936 of 1981, No. 3416 and 3417 of 1982 involve identical question of law and facts excepting slight variations regarding the date of the application, date of the deposit of the amount etc. Wherever found necessary, reference to facts is made from the C.W.P. No. 4936 of 1981.
(2.) The common case set up by the petitioners is that the Haryana Urban Development Authority, respondent No. 2 issued an advertisement (annexure P/1) on 28 8.1977 published in the daily Tribune of the said date inviting applications for developed plots with modern amenities located in the Urban Estates at Faridabad, Sonepat, Gurgaon Jind, Hissar, Karnal and Kurukshetra on easy instaiments, inter alia on the basis of 'first come first served' except for those offering full payment who would get preference over others 15th September, 1977 was indicated to be the date for the start of the sales. The petitioners allegedly in pursuance of the said offer contained in the said advertisement applied for allotment of plots measuring 250 square yards in Sector 2 of Urban Estate, Hissar, on various dates between January, 1981 and 20th June, 1981. The respondents instead of allotting plots to the petitioners on the basis mentioned in the advertisement (annexure P -1) informed the petitioners vide letter (Annexure P -3) that the respondents had taken a decision to make allotments by draw of lots; that the last date of the receipt of the applications was 10 -11 -1981; that in case the petitioners were willing for being considered for draw at the enhanced rate of Rs. 140/ - per squre yard, they were to send their consent along with a bank draft for a given amount before 10.11.1981.
(3.) The petitioners have impugned the orders of the respondents as conveyed to them vide Memo 4603 dated 20 10.1981 (annexure P -3) and the decision conveyed vide letter 18/21 -12 -1981 (Annexure P -5) as being illegal and have sought a writ of mandamus directing the respondents to allot plots of the given size to the petitioners on the basis of first come first served as mentioned in Annexure P -1.;