Vinod Kumar v. State Of Haryana And Others

Vinod Kumar v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CWP-19569-2021 | 28-09-2021

TEJINDER SINGH DHINDSA, J.

1. This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

2. Petitioner is aggrieved of the order dated 26.8.2020 (Annexure P-9) whereby his claim for refund of the earnest money of Rs.50,000/- that he had deposited for allotment of a plot under the oustee quota has been declined.

3. An advance copy of the petition had already been served upon the respondents.

4. Mr. Sandeep Moudgil, learned Addl. AG Haryana very fairly submits that in somewhat similar situation this Court in a bunch of writ petitions including CWP-5771-2018; Rajesh Kumar and others versus State of Haryana and others; decided on 21.11.2019 (Annexure P-8) has directed refund.

5. He upon instructions from Mr. Deepak Ghangas, Estate Officer, Haryana Shehari Vikas Pradhikaran, Sonepat, submits that the case of the petitioner would also be considered in the light of judgment rendered by this Court in Rajesh Kumar's case (supra).

6. In the light of such fair stand taken, the impugned order dated 26.8.2020 (Annexure P-9) is set aside.

7. Matter is remanded back to the Estate Officer, Haryana Shehari Vikas Pradhikaran, Sonepat to consider the claim of the petitioner for refund afresh in the light of the judgment noticed hereinabove.

8. An opportunity of hearing be granted to the petitioner and thereafter a reasoned speaking order with regard to the claim of the petitioner be passed.

9. Disposed of.

Advocate List
Bench
  • HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
  • HON'BLE MR. JUSTICE VIVEK PURI
Eq Citations
  • LQ/PunjHC/2021/11541
Head Note

Land Acquisition Act, 1894 — S. 23(2) — Allotment of plot under oustee quota — Refund of earnest money — Petitioner aggrieved by order declining his claim for refund of earnest money of Rs. 50,000/- deposited for allotment of plot under oustee quota — Held, in light of fair stand taken by State, impugned order set aside and matter remanded to Estate Officer to consider claim of petitioner for refund afresh — Constitution of India, Art. 226