CIVIL WRIT PETITION NO. 4940 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: August 03, 2009. Parties Name Sube Singh and another ..PETITIONERS VERSUS The State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Jagdish Manchanda, Advocate, for the petitioners. Mr. Sanjeev Kaushik, Addl. A.G., Haryana, for respondent No. 1. Mr. O.P.Sharma, Advocate, for respondents No. 2 and 3. JASBIR SINGH, J. (oral) Order. This writ petition has been filed with a prayer to issue a writ of certiorari to quash the order dated January 25, 2008 (P-5) rejecting claim of the petitioners for grant of benefit of waiver of interest. It is an admitted fact that the petitioner was allotted a plot in New Grain Market, Thanesar, in the year 1999. As per stipulation in the allotment letter, building thereon was to be completed within a period of CIVIL WRIT PETITION NO. 4940 OF 2008 -2- two years. It is case of the petitioners that they had constructed the building before the date fixed and to intimate the respondent, Market Committee, Thanesar, sent an application on April 25, 2000 (P-2). In that application, it was also prayed that, as per policy decision of the Haryana State Marketing Board, respondent No. 2, they be granted benefit of waiver of interest on the amount of instalments. Above said benefit was not given. It is a fact that the petitioner also failed to make payment of the instalments in time. The plot was resumed. Matter in appeal went to the respondent No. 1. Claim of the petitioners was rejected on the ground that there is no proof on record that any such application regarding completion of the building was sent by the petitioners. In that regard, in order Annexure P-5, it was observed as under: “In the present case, there is nothing on record to show that the appellants ever intimated the respondents regarding completion of construction of their shops. No such letter dated 25.4.2000 has been annexed with the appeal nor has been presented by the appellants during the hearing which itself shows that this is only an afterthought in order to get undue advantage despite the violations committed by the appellants. The appellants never raised the issue of completion certificate and waiver of interest for more than a period of seven years, i.e., upto filing present appeal.” This Court is of the view that the above said finding was given without looking into record of the case. In grounds of appeal, the petitioner in para No. 5 has specifically stated as under: CIVIL WRIT PETITION NO. 4940 OF 2008 -3- “5. That the office of the Chief Administrator had approved the bids of the appellants on 23.8.1999. The present appellant had to start paying the balance amount of instalment as per the schedule given in the allotment letter. The present appellants had written a letter to the respondent with regard to the possession of the land in question, so that the construction could be made over the plot in question and to start business in the same. The offer of possession has been given to the present appellants with regard to the plot in question on 21.12.1999. The appellants had started construction over the plot in question within stipulated time as envisaged in the allotment letter and he moved one application to the respondent on 25.4.2000 that they had already constructed the shop in question over the plot No. 213 owned by the present appellants. It is further said in the application that as per the policy of the Govt. department the interest is to be waived off. A request was made to waive off the interest as well as issue the completion certificate in favour of the appellant, so that the interest should be waived off. It is further mentioned that the shop has been constructed as per the site plan of the Board. A copy of the application moved by the present appellant dated 25.4.2000 is attached herewith the appeal as Annexure P-2.” Copy of the application in dispute was also put on record with grounds of Appeal as Annexure P-2. If that was so, relief could not have been declined to the petitioners on the ground that they have not intimated CIVIL WRIT PETITION NO. 4940 OF 2008 -4- regarding completion of the building to respondent No. 3. It appears that the fact, regarding availability of copy of the application, had escaped notice of the officer concerned. If it is proved on record that the petitioners had completed the building within two years as alleged by them, then they are entitled to get benefit of the waiver of interest as enunciated by respondent No. 2, in the year 1987. In view of above, this writ petition is allowed, order Annexure P-5 is set aside. Chief Administrator, Haryana State Agricultural Marketing Board ,is directed to redecide appeal, filed by the petitioners, by taking note of the facts, mentioned in application Annexure P-2 filed by the petitioners. Petitioners be also given an opportunity to prove that they had constructed the building within the stipulated period. After giving finding regarding date of completion of the building, it will still be open to the authorities to decline relief to the petitioners, if they had committed any other violation. Let the appeal be decided afresh within a period of one month from the date of receipt of copy of this order. August 03, 2009 ( Jasbir Singh ) DKC Judge