CWP No. 1899 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1899 of 2010(O&M) Date of Decision: 08.8.2011 Yogender Singh and another ..Petitioners Versus State of Haryana and others ...Respondents. CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. M.L.Sharma, Advocate for the petitioners. Mr. Arun Walia, Advocate for respondents no.2 and 3. RAJIVE BHALLA, J. (ORAL) The petitioners pray for issuance of a writ directing the respondents to allot a plot under the oustees quota. Counsel for the Haryana Urban Development Authority submits that, vide letter No. 2936 dated 14.7.2000, a plot was allotted to Sube Singh, the petitioners' father (since deceased) in Sector 9, 9A, Bahadurgarh. The allotment was cancelled as the petitioners' father did not deposit Rs.8340/- payable towards 15% of the price of the plot. In support of this argument, counsel for the Haryana Urban Development Authority relies upon an alleged order dated 7.9.2001. A photostat copy of the order has been produced in court today, and is taken on record as Mark 'X'. I have heard counsel for the parties. Admittedly, land belonging to the petitioners' father Sube Singh, was acquired. Sube Singh applied for allotment of a plot as an oustee. Sube Singh was declared successful in a draw of lots held on CWP No. 1899 of 2010 (O&M) 2 30.3.2000, 31.3.2000 and 7.4.2000 Counsel for the HUDA relies upon Mark `X' to contend that the plot was cancelled by order dated 7.4.2000 for failure of Sube Singh to deposit 15% of the amount. Mark `X', the so called order of cancellation, reads as follows: “ You were declared as successful in the draw of lot of Sector 9, 9A, held on 30-3-2000, 31-3-2000 and 7-4-2001. This office had issued allotment letter vide No. 2436 dt. 14.7.2000. You were required to deposit 15% amount within thirty days. But you failed to deposit a sum of Rs.8340/- within prescribed period as per record of this office. If you have deposited the 15% amount please submit the proof in the office within 10 days, otherwise it will presumed that you did not deposite the amount. The ten percent amount deposited by you alongwith application will be forfeited for which you have no claim.” A perusal of Mark 'X' reveals that it is a show cause notice and not an order of cancellation. Mr. Walia fairly concedes that apart from Mark `X', there is no order available, in their record, ordering cancellation of the plot. A due consideration of the above facts establishes that though a show cause notice was served upon the petitioners' father, a final order, cancelling the allotment was not passed. In the absence of any order cancelling the allotment, it would be appropriate, without expressing any opinion on the merits of the controversy, to direct the Estate Officer, Haryana Urban Development Authority, Panchkula, to look into the matter and pass an order deciding the show cause notice issued vide Memo No. 7983 dated 7.9.2001, after taking into consideration any explanation that the CWP No. 1899 of 2010 (O&M) 3 petitioners may put forth. The needful be done, within a month of the receipt of a certified copy of this order. 8.8.2011 ( RAJIVE BHALLA ) VK JUDGE