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Judgment
Anupinder Singh Grewal, J
Learned counsel for the petitioners submits that the land of the petitioners had been acquired. They had preferred an application dated 13.12.2018 for allotment of plot under the ‘oustee quota’ which has been rejected by the impugned order dated 22.11.2023 (Annexure P-5), without assigning any reason whatsoever.
Issue notice to the respondents.
At the asking of the Court, Mr. Ananat Kataria, Deputy Advocate General, Haryana, accepts notice on behalf of respondents No.1 and 3. Ms. Ashna Singh, Advocate appearing for Mr. Ankur Mittal, Advocate accepts notice on behalf of respondents No.2 and 4.
Heard.
It is manifest from the perusal of the impugned order dated 22.11.2023 that it is completely a non-speaking order and no reason has been set out as to why the application of the petitioners for allotment of plot under the ‘oustee quota’ has been rejected. It was enjoined upon the Screening Committee to have set out reasons as to why the application of the petitioners had been rejected. The impugned order is reproduced hereunder:-
“From
Estate Officer HSVP, Karnal.
To
Sh. Sewa Singh, Sh. Joginder Singh s/o Pyara Singh H.No.1050, Sector-9,
Urban Estate, Karnal.
Memo No.4509 Dated 22/11/23.
Subject:- Regarding settlement of oustees claim.
Please refer to your application dated 13.12.2018 on the subject cited above.
It is intimated that your claim regarding allotment of plot under oustees quota has been rejected by the Screening Committee, the copy of the same is attached herewith. So you are requested to submit your application for the refund of earnest money of Rs.50000/- alongwith copy of bank passbook/cancel cheque copy of PAN card, so that refund can be made timely.
DA/As above Estate Officer
HSVP, Karnal.”
We are of the considered view that the impugned order being a non-speaking order deserves to be set aside. Consequently, the petition is allowed and the impugned order dated 22.11.2023 (Annexure P-5) is set aside. The Screening Committee is directed to reconsider the case of the petitioners in accordance with law and pass a speaking order within a period of two months from the date of receipt of certified copy of this order.
