CIVIL WRIT PETITION NO.16386 OF 2007 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: FEBRUARY 16 ,2011 Randhir Singh .....Petitioner VERSUS Housing Board, Haryana, Panchkula and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Sandip Jain, Advocate for Mr. Pankaj Bali, Advocate, for the petitioner. Mr. Ashwani Talwar, Advocate, for the respondents. **** RANJIT SINGH, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court to seek quashing of order dated 24.2.2006 (Annexure P-4) whereby `No Due Certificate' issued on 6.10.1985 has been cancelled and direction has been issued to the petitioner to deposit an amount of `80,125/-. The petitioner also seeks quashing of the order dated 27.10.2006 (Annexure P-8), whereby his appeal against order, Annexure P-4, has been dismissed. The facts, noticed in brief, are that the petitioner purchased a house No.595 (P) HIG (U) situated at Housing Board Colony, Sectors 4 and 5, Karnal on 8.11.2005. This house was purchased by the petitioner from Sh.Gurbachan Singh Monga, who was the general power of attorney of his daughter, Ms.Nidhi Monga. CIVIL WRIT PETITION NO.16386 OF 2007 :{ 2 }: The house was allotted to Ms.Nidhi Monga. The petitioner claims to have taken precaution at the time of purchasing and had inspected all the necessary documents. Respondent No.3 had executed a conveyance deed in favour of Ms.Nidhi Monga. No Due Certificate was made available to the petitioner by the vendor before registration of the sale deed. As per the petitioner, he was surprised to receive a notice on 24.2.2006 stating that No Due Certificate issued on 6.10.2006 was being cancelled. The petitioner was directed to deposit a sum of `80,125/- for issuance of fresh No Due Certificate. After making representation, the petitioner filed a writ petition before this Court. The said writ petition was disposed of with liberty to the petitioner to file an appeal against the order. After being unsuccessful in the appeal, the petitioner filed the present writ petition to challenge both the orders as noted above. The reply has been filed on behalf of the respondents. It is conceded that the house was allotted on free hold basis as a result of auction in favour of Ms.Nidhi Monga. The allottee had deposited the entire balance amount in lump-sum on 8.3.2002 within 60 days. Thereafter, the allottee was informed about enhanced land compensation @ `477.30P per Sq.Yard, which was payable as on 1.10.2002. The allottee was called upon to deposit a sum of `52,357-36P within 30 days from the issuance of notice. The amount was not paid and the interest @ 15% per annum continued to accumulate. Accordingly, the outstanding amount escalated to `92,934/-. It is pointed out that the employees of the Housing Board, CIVIL WRIT PETITION NO.16386 OF 2007 :{ 3 }: Karnal, connived with certain allottees to issue fake and bogus No Due Certificates. To substantiate this, it is pointed out that Housing Board accepts payment through pay order, demand draft and cheques and no cash amount is accepted. The allottee is alleged to have not deposited the outstanding dues on 6.10.2005 and a bogus/forged No Due Certificate was managed by the allottee. This came to the notice of the respondent-Board, leading to charge- sheeting of various employees, some of whom have already been inflicted with punishment of dismissal and removal from service. In this background, it is alleged that `No Due Certificate' has been cancelled. Learned counsel for the petitioner would submit that there is no fault on his part. It may be so but the facts, as disclosed in the reply, are not subject matter of any dispute. If `No Due Certificate' was fake and has been cancelled, then the action of the respondents can not be faulted. The obvious consequences, in such a situation, would be to cancel such a No Due Certificate. No case of invoking writ jurisdiction to interfere in the impugned orders is made out. The writ petition is accordingly dismissed. The petitioner, however, would be at liberty to have his remedy of seeking compensation for the loss suffered by him from the original allottee from whom he had bought the flat and who had produced fake `No Objection Certificate.' February 16,2011 (RANJIT SINGH ) khurmi JUDGE