VIJENDER JAIN, J. - (1.) Prayer in this writ petition, is for issuance of a writ in the nature of Certiorari, quashing Memo No.23961 dated 27.7.2006, whereby the respondents have withdrawn allotment of Industrial Plot No.261, Sector 58, Faridabad and for quashing of order dated 1.8.2006, whereby an appeal filed by the petitioner was dismissed.
(2.) The respondents invited applications for allotment of industrial plots. The petitioner, admittedly, applied for allotment of an industrial plot, measuring 800 sq.mtrs in Sector 58, Faridabad, vide application dated 27.4.2003. The petitioner was allotted Plot No.247, Sector 58, Faridabad, on free hold basis, vide Memo dated 23.12.2003, possession, however, was not handed over to the petitioner. It was latter discovered that a high tension electric wire traversed the length of the said plot and, therefore, the petitioner was allotted Plot No.261, Sector 58, Faridabad, vide letter dated 2.6.2006. The petitioner deposited the first instalment, whereafter possession certificate dated 14.6.2006 was issued. It was specifically mentioned in the certificate that Plot No.261, Sector 58, Faridabad measuring 1979 Sq.mtrs. However, vide letter dated 27.7.2006, the aforementioned allotment was cancelled.
(3.) Aggrieved by the aforementioned cancellation, the petitioner filed an appeal, which was dismissed vide order dated 1.8.2006. Counsel for the petitioner contends that the order cancelling the plot is violative of the principles of natural justice as no show cause notice was issued to the petitioner, prior to cancellation. It is further contended that possession of the plot was voluntarily delivered by the respondents and thereafter cancellation of the allotment, merely on the ground that possession had been given for a larger area than applied for, is illegal. Counsel for the respondents, on the other hand, submits that the petitioner applied for allotment of an industrial plot measuring 800 Sq. mtrs. but on account of an error, possession was delivered of a plot measuring 1979 sq.mtrs. The respondents, therefore, rectified this error and withdrew the allotment of Plot No.261, Sector 58, Faridabad from the petitioner. It is further contended that as per the petitioner's own admission in para 9 of the petition, adjacent plot No.262 in Sector 58, Faridabad, measuring 800 Sq. mtrs. had already been allotted to the petitioner vide order dated 2.8.2006. The petitioner's original claim having been satisfied, the present petition be dismissed.;