Tarun Sathi v. Haryana Urban Development Authority And ANR.

CWP No. 15459 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15459 of 2015 Date of Decision: 30.7.2015 Tarun Sathi ....Petitioner.

Versus

Haryana Urban Development Authority, Panchkula and another

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.

HON'BLE MRS. JUSTICE REKHA MITTAL.

PRESENT: Mr. Ramandeep Singh, Advocate for the petitioner. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the show cause notice dated 29.6.2015 (Annexure P-5) issued by respondent No.2. 2.

Plot No. 33, Sector 57, Urban Estate-II, Gurgaon measuring 220 square meters was initially allotted to one Shri Ishwar Singh under defence category vide allotment letter dated 8.2.2005. The plot in question was allotted to the petitioner after fulfilling necessary and requisite terms and conditions including execution of an indemnity bond dated 28.3.2005 (Annexure P-2) vide re-allotment letter dated 29.4.2005 (Annexure P-3). The petitioner made payments of the plot in question from time to time and possession certificate dated 15.1.2013 (Annexure P-4) was issued in his favour by respondent No.2. A notice dated 29.6.2015 (Annexure P-5) was issued to the petitioner to show cause as GURBACHAN SINGH 2015.08.07 12:31 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP No. 15459 of 2015 -2to why the allotment of the plot in question be not cancelled. The petitioner filed reply dated 13.7.2015 (Annexure P-6) followed by additional reply dated 13.7.2015 (Annexure P-7) to the said show cause notice, but to no effect. Hence, the present writ petition. 3.

We have heard learned counsel for the petitioner. 4.

The original allottee, namely, Shri Ishwar Singh and the petitioner were required to attend the office of respondent No.2. The petitioner has filed reply dated 13.7.2015 (Annexure P-6) and the additional reply dated 13.7.2015 (Annexure P-7) to the show cause notice dated 29.5.2015 (Annexure P-5). Respondent No.2 is directed to pass a speaking order in the matter in accordance with law after affording an opportunity of hearing to the petitioner within a period of three months from the date of receipt of certified copy of this order. 5.

The writ petition stands disposed of accordingly. (AJAY KUMAR MITTAL) JUDGE July 30, 2015 (REKHA MITTAL) gbs JUDGE GURBACHAN SINGH 2015.08.07 12:31 I attest to the accuracy and authenticity of this document High Court Chandigarh