Geeta Devi And ANR v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 27.08.2024 Geeta Devi and another .... Petitioners Vs.

State of Haryana and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Sushil Jain, Advocate for the petitioners.

ARUN PALLI, J (Oral) The petitioners have prayed for the following substantive relief: "Civil Writ Petition under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of 'Certiorari' for quashsing the impugned letter/e-mail dated 29.03.2024 (Annexure P-16), whereby the respondents in an illegal and arbitrary manner had rejected the request of the petitioner for grant of 'No Dues Certificate' of Plot NO.719, Industrial Model Township, Kharkhoda (Sonipat), despite the fact that no amount is outstanding against the cost of the plot, the aforesaid impugned letter/email dated 29.09.2024 issued by the respondents is totally perverse, illegal and deserves to be set aside;

AND For issuance of a writ in the nature of 'Certiorari' for quashing the impugned action of the respondents, whereby without there being any outstanding amount account of allotment of Plot NO.719, Industrial Modwl Township, Kharkhoda, the respondents are not issuing 'No Dues Certificate', in favour of the petitioners and further not issuing revised Regular Letter of Allotment, executing

conveyance deed and further not handing over physical possession of the plot in question to the petitioner despite the fact that the petitioners had applied for handing over the physical possession, vide application No.

PHY2022AUG19259, which was accepted by the respondents. The aforesaid action of the respondents in not issuing 'No Dues Certificate', not issuing revised Regular Letter of Allotment, not executing Conveyance Deed and further not handing over the physical possession of the plot to the petitioners is totally illegal, arbitrary and not permissible in the eyes of law'

AND For issuance of a Writ in the nature of 'Mandamus' directing the respondents to issue 'No Dues Certificates' of the Plot No.719, Industrial Model Township, Kharkhoda in favour of the petitioners and further directing the respondents to issue revised Regular Letter of Allotment and to execute Conveyance Deed in favour of the petitioners and further directing the respondents to handover the physical possession of the plot to the petitioner forthwith."

Served with the advance copy of the petition, Mr. Ankur Mittal, learned Additional Advocate General, Haryana, is present in Court, on behalf of the respondents. At the outset, he, on instructions, submits that the petitioners shall be issued 'No Dues Certificate' forthwith, whereafter, conveyance deed would also be executed in their favour. As regards the delivery of actual physical possession of the subject site, he submits that let the petitioners appear before the Estate Manager, Haryana State Industrial & Infrastructure Development Corporation, Industrial Estate, Rai, Sonipat (respondent No.3), on 03.09.2024 at 11.30 AM, to comply with the necessary formalities, which would be followed by delivery of actual physical possession.

That being so, learned counsel for the petitioners submits that nothing substantive survives in this petition and the same be disposed of in terms of the statement made by learned State counsel. In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 27.08.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No