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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“CIVIL WRIT PETITION under Articles 226 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents especially respondents No.3 & 4 to immediately handover the actual physical possession of Plot No.100, Sector 77, Faridabad, to the petitioner, who is the allottee of the said plot, as per the allotment letter, Annexure P-1, and Conveyance Deed, Annexure P-14, has also been executed in favour of the petitioner recently on 18.02.2026 but respondents have intentionally not handed over the actual physical possession of the said plot for ulterior motive, in the interest of justice;
For issuance of a writ in the nature of mandamus to direct the respondents, especially respondent No.4, to hand over the actual physical possession of above said Plot No.100, Sector 77, Faridabad along with all basic amenities, forthwith, to the petitioner, being the allottee of the said plot, alongwith passage/road of 12.0 m., as per site plan, Annexure P-11, and also as per allotment letter, Annexure P-1 and letter of offer of possession, Annexure P-3, in the interest of justice;
It is further prayed that necessary directions may kindly be issued by this Hon’ble Court to the respondent no.4 to decide the representation dt.12.03.2026 moved by the petitioner (P-15) by passing a speaking order in a time bound manner.
AND
Any other suitable writ, order or direction to which the petitioner is found entitled to may also be passed in favour of the petitioner against the respondents, in the interest of justice;”
On 24.04.2026, a Coordinate Division Bench of this Court was pleased to pass the following order:-
“Present: Mr. Ravi Malik, Advocate for the petitioner. Mr. Deepak Bhardwaj, Addl. A.G., Haryana. ***
Counsel for the petitioner states that a residential plot was purchased in public auction and allotment letter dated 28.03.2023, Annexure P-1, was issued. He submits that despite offer of possession on 28.03.2023, Annexure P-3, and execution of conveyance deed in February, 2026, possession of plot has not been handed over.
Advance copy of the petition has been served upon the respondents.
On asking of the Court, Mr. Deepak Bhardwaj, Addl. A.G., Haryana, has appeared on their behalf and requests for a short accommodation to get instructions.
List on 14.05.2026. 24.04.2026”
Thereafter, on 14.05.2026, the following order was passed:-
“Present: Mr. Anil Chahal, Advocate, for Mr. Ravi Malik, Advocate for the petitioner. Mr. Deepak Bhardwaj, Addl. A.G., Haryana. *****
Mr. Bhardwaj has placed on record a copy of affidavit as well as possession certificate to assert that possession of the plot was delivered to the petitioner on 31.01.2026. He has instructions to state that respondents have paid an amount of Rs.18,84,721/-by way of interest on account of delayed delivery of possession. It is his stand that in view of the above, writ petition has become infructuous.
Counsel for the petitioner requests for a deferment to seek instructions.
List on 26.05.2026. May 14, 2026”
From the above, it is apparent that possession has been handed over to the petitioner and the respondents have also paid the money.
Learned counsel for the petitioner has submitted that in addition to the abovesaid prayers, the petitioner has other grievances also and thus, submits that the present writ petition be disposed of but liberty be granted to the petitioner to file a fresh petition after making due representation to the respondents with respect to the remaining grievances and after giving specific details of the same.
Keeping in view the abovesaid facts and circumstances, the present writ petition is disposed of with liberty aforesaid.
In case the petitioner files any such petition or institute any proceedings afresh, same would be considered independently, in accordance with law.
