High Court Punjab-Haryana High Court

Surinder Vaid And Another vs Haryana Urban Development … on 18 December, 2008

Punjab-Haryana High Court
Surinder Vaid And Another vs Haryana Urban Development … on 18 December, 2008
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                            CHANDIGARH

                      C.W.P. No. 10326 of 2007

             DATE OF DECISION: December 18, 2008

Surinder Vaid and another

                                                          ...Petitioners

                                Versus

Haryana Urban Development Authority and others

                                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

             HON'BLE MR. JUSTICE JORA SINGH

Present:     Mr. Vikas Awasthy, Advocate,
             for the petitioners.

             Mr. Ajay Kansal, Advocate,
             for the respondents.

1.    Whether Reporters of local papers may be
      allowed to see the judgment?

2.    To be referred to the Reporters or not?

3.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

The prayer made in the instant petition is for issuance of

direction to the respondents to issue transfer letter in respect of Plot

No. 1019, Sector 7 (UE) Part-II, Kurukshetra, in favour of petitioner

No. 2. A further prayer has also been made for issuance of direction
C.W.P. No. 10326 of 2007 2

to respondent Nos. 1 to 3 to initiate appropriate legal as well as

disciplinary action against respondent Nos. 4 and 5.

2. The allegations made in the instant petition are that

petitioner No. 2 was asked to pay bribery of Rs. 2,000/- by

respondent Nos. 4 and 5 in order to enable her to obtain a copy of the

transfer letter in respect of the aforementioned plot and when she

refused to succumb to the pressure then different transfer letter

demanding extension fee of Rs. 11,340/- was issued. In that regard

reliance has also been placed on the findings recorded by the

Additional Deputy Commissioner, Kurukshetra on the complaint filed

by the petitioners, in his order dated 21.2.2007 (P-4). The allegation

leveled is that the Additional Deputy Commissioner never

incorporated the last line in the order concluding that the allegation of

bribery of Rs. 2,000/- against respondent Nos. 4 and 5 have not been

proved. Reliance has also been placed on the forwarding letter sent

by the Deputy Commissioner, Kurukshetra, dated 26.2.2007 (P-5),

which does not, in fact, in terms conclude that respondent Nos. 4 and

5 have been indicted for taking bribery of Rs. 2,000/-.

3. The stand of the respondents in their separate written

statement is that in fact the petitioners have forged the transfer letter

dated 11.10.2006 because they have deleted the amount of extension

fee, which was mentioned in clause 9(e) of the letter as well as

removed the tick marks which were put on condition Nos. 1, 2, 3 and

9.
C.W.P. No. 10326 of 2007 3

4. The petitioners have already set the machinery of

criminal justice in motion against respondent Nos. 4 and 5 by filing a

complaint before the Illaqua Magistrate, Kurukshetra, under Sections

166, 167, 409, 420, 217, 218, 500, 506, 499, 120-B IPC and Section

7, 12 and 13 of the Prevention of Corruption Act, 1988. Likewise,

respondent No. 4 has also filed a complaint dated 8.10.2007 (R-3)

against both the petitioners and two others, in the Court of Chief

Judicial Magistrate, Kurukshetra. The matter with regard to

allegations and counter allegations is already sub judice before the

regular Court of law, which shall be decided in due course of time.

5. The only issue which remains to be examined by this

Court is whether the petitioners are entitled to issuance of transfer

letter in respect of Plot No. 1019, Sector 7, Part-II, Kurukshetra,

which is to be issued in favour of petitioner No. 2. The stand of the

respondents in that regard is that already such a letter has been issued

on 11.10.2006 (R-2) and a copy of the postal information, dated

12.2.2007, has also been attached as Annexure R-1, showing that

Surinder Vaid son of Shri Som Nath (petitioner No. 1) was delivered

the aforementioned letter in original. The subject of letter dated

11.10.2006 (R-2) is ‘Provisionally Transfer permission of

Residential/Commercial Plot No. 1019, Sector 7, Urban Estate,

Kurukshetra through GPA Sh. Anil Kumar S/o Sh. Rajpal H. No.

111-A, Model Town, Karnal’. Transfer of plot in question has been

made provisionally in favour of petitioner No. 2 subject to fulfillment

of various conditions. Mr. Ajay Kansal, learned counsel for the
C.W.P. No. 10326 of 2007 4

respondents has also handed over another attested photocopy of the

letter dated 11.10.2006 (R-2) to the learned counsel for the petitioners

and stated that for all intents and purposes it should be considered as

a copy of the provisional transfer permission. The aforementioned

controversy also comes to an end.

6. In view of the statement made by the respondents

through Mr. Ajay Kansal, it is for the petitioners now to take further

steps. The period of 90 days will commence not from the date of

communication of letter on 11.10.2006 but from today, which would

be subject to any further charges in accordance with law.

7. The writ petition stands disposed of in the above terms.




                                              (M.M. KUMAR)
                                                 JUDGE




                                              (JORA SINGH)
December 18, 2008                                JUDGE
Pkapoor