M.M. Kumar, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing letter dated 17.12.2004 (P -8) issued by the Estate Officer HUDA, Kaithal -respondent No. 3 refunding the earnest money of Rs. 59,500/ - to the petitioner on the pretext that Booth No. 271, Sector 20, Kaithal, which was auction on 29.7.2004 in his favour has been withdrawn by the Administrator, HUDA, Hisar -respondent No. 2. A further prayer for quashing order dated 20.2.2007 (P -12), passed by the Estate Officer -Respondent No. 3, in pursuance to the direction issued by this Court in C.W.P. No. 3605 of 2005, rejecting the representation of the petitioner has been made. Still further it has been prayed that direction be issued to the respondents to allot one alternate booth site out of Booth Nos. 243 to 252, Sector 20 HUDA, Kaithal, which was allotted in the open auction in favour of the petitioner being the highest bidder, has been found to be allotted in the name of Shri Sanjay Kumar son of Shri Murari Lal in the earlier auction.
(2.) BRIEF facts of the case are that in an open auction held on 29.7.2004 for sale for commercial sites, booths, SCOs. D.S. Shops of Sector 19 and 20, HUDA Kaithal, the petitioner remains successful for allotment of Booth site No. 271, Sector 20, Kaithal, being the highest bidder. He gave the bid of Rs. 5,95,000/ - and immediately thereafter deposited 10% amount of Rs. 59,500/ - against Receipt No. 419116 as earnest money (P -2). He was told that allotment letter would be issued within one or two months. When the allotment letter was not issued even after lapse of considerable time, the petitioner contacted the respondent authorities on 16.11.2004 and it came to his knowledge that allotment letters to the remaining highest bidders in respect of other plots which were auctioned on 29.7.2004 had already been issued. Consequently he sent a representation on 20/22.11.2004 (P -3 and P -4). On 6.12.2004 another representation was made (P -5) which was supplemented by a legal notice dated 21.12.2004 (P -6 and P -7). On 17.12.2004, a letter was sent to the petitioner by the Estate Officer, HUDA, Kaithal -respondent No. 3 intimating that Booth No. 271, Sector 20, Kaithal, was withdrawn by the Administrator, HUDA, Hisar from the open auction and accordingly 10% amount deposited as earnest money, amounting to Rs. 59,500/ - was sent back to him (P -8). However, no reasons for such withdrawal were disclosed. The petitioner later on came to know that the site in question was already allotted to one Shri Sanjeev Kumar son of Shri Murari Lal, resident of House No. 943/1, Partap Gate, Kaithal, in an earlier auction which was held in the year 2003. It is claimed that the petitioner then requested the respondent authorities to allot some alternate plot keeping in view the fact that he had already deposited 10% amount of Rs. 59,500/ - as per terms and conditions of the auction held on 29.7.2004.
(3.) FEELING aggrieved the petitioner filed C.W.P. No. 3605 of 2005 which was disposed of by a Division Bench of this Court on 8.52006 and a direction was issued to the Estate Officer -respondent No. 3 to consider and decide the representation which was to be made by the petitioner, as per the policy applicable within a period of four months (P -9).;