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2023 Supreme(P&H) 361

AUGUSTINE GEORGE MASIH, HARPREET SINGH BRAR
V. S. Chaudhary – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. B.S.Rana, Senior Advocate with Mr. S.S.Gangola, Advocate, for the Appellant; Mr. Aman Bahri, Addl. Ag, Haryana. Mr. Deepak Sabherwal, Advocate, for the Respondent.

JUDGMENT

Harpreet Singh Brar, J. - Petitioner has approached this Court for issuance of a writ in the nature of certiorari for quashing the order dated 13.09.2017 (Annexure P-10) passed by respondent No.1 along with order dated 19.10.2011 (Annexure P8) passed by respondent No. 2 and has further sought quashing of the order dated 01.11.2001 (Annexure P-6) passed by respondent No.4 vide which Booth No.71, Sector 16-A, Faridabad allotted to the petitioner was resumed on account of non-payment of the instalments towards the sale consideration within the stipulated period.

2. The brief facts of the case are that Booth No. 71, Sector 16-A, Faridabad was allotted in favour of petitioner on 11.01.1996 through open auction and as per terms and conditions of the allotment letter, 75% price of the site was required to be paid by the allottee in 10 half yearly instalments along with interest at the rate of 15% and the interest was to accrue from the date of offer of possession. The petitioner failed to make payment of instalments as per the terms and conditions of the allotment letter and after giving statutory notices, the site in question was resumed by the Estate Officer, HUDA, Faridabad vide

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