Anuradha Vs State of Haryana and Others

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr.Sankalp Gehlawat, Advocate for the petitioner. Mr.Deepak Bhardwaj, Addl. A. G. Haryana.

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VIKAS BAHL, J.(ORAL)

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In the present writ petition, following prayers have been made:- “Civil Writ Petition under Article 226 - 227 of the Constitution of India, in the nature of CERTIORARI for quashing of the impugned demand letter pertaining to Rs. ₹16,34,227 (Annexure P-5) dated 27.02.2025 raised by the respondent and further the information provided by the Resp. no. 4 of an enhanced outstanding amount of Rs. 17,56,021/-, the same being arbitrary, illegal, and opaque, in the interest of justice. AND

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Further Issuance of a writ of MANDAMUS or any other appropriate writ, order, or direction commanding and directing the Respondent to forthwith furnish to the Petitioner the complete account statement, loan ledger, and detailed calculation sheets reflecting all credits and debits from the inception of the loan till date.

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AND

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DAVINDER KUMAR 2026.07.13 09:40 I attest the accuracy and authenticity of this order / judgment

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CWP-20690-2026 2

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Further Issuance of a writ of MANDAMUS or any other appropriate writ, order, or direction directing the Respondent to carry out a proper, transparent, and lawful recalculation of all dues payable by the Petitioner and to pass a speaking order thereon after affording the Petitioner an opportunity of being heard;

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AND

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Further Issuance of a writ of MANDAMUS directing the Respondent to restore the EMI to the pre-enhancement amount of ₹11,402/- till a lawful and transparent re-determination is made;

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AND

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Further and most importantly, during the pendency of this Writ Petition, stay the operation, implementation, and effect of the impugned demand dated 23.10.2025 for ₹17,56,021/- and restrain the Respondent from taking any coercive action, including recovery, attachment, penalty, or any adverse action against the Petitioner or the subject property

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AND

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Further issuance of Writ in the nature of mandamus for directing the respondent to decide the representation in the form of a legal notice dated 26.03.2025 & 11.03.2026 (Annexure P-7 and P-8) respectively, in the interest of justice.

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AND/OR

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Issuance of any Writ, Order or Direction that this Hon’ble Court may deem fit in view of the facts and circumstances.

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Learned counsel for the petitioner has submitted that the loan

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of approximately Rs.15 lac was transferred in the name of the petitioner upon purchase of flat no.906, GHS-5, Sector 31, Panchkula, from the original allottee Naresh Kumar and that the flat was also transferred by virtue of the transfer letter dated 29.04.2024. It is submitted that the petitioner had made substantial payment of Rs.5,00,011/- on 29.05.2024 and thereafter of Rs.3,00,011/- on 30.10.2024 and thereafter the EMI was fixed

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DAVINDER KUMAR 2026.07.13 09:40 I attest the accuracy and authenticity of this order / judgment

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CWP-20690-2026 3

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as Rs.11,402/- which has been regularly paid. It is submitted that the respondents have unilaterally increased the EMI to Rs.14,000/- on 25.02.2025 which was further increased to Rs.27,284/- on 27.02.2025 without any reasons coming forth. Learned counsel for the petitioner has submitted that for the redressal of the grievance, the petitioner had given a detailed legal notice dated 26.03.2025 and has submitted that at this stage the petitioner would be satisfied in case the Estate Manager, Housing Board considers the said legal notice after granting an opportunity of hearing to the petitioner and pass a speaking order on the same in a time bound manner.

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Learned counsel for the respondents has submitted that the Estate Manager, Housing Board, Haryana would hear the petitioner / her authorized representative and also consider the legal notice dated 26.03.2025 and after considering the same, would pass a speaking order within a period of three months from the date of receipt of the certified copy of the present order.

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Keeping in view the above said facts and circumstances and the fair stand taken on behalf of the petitioner and the respondents, the present writ petition is disposed of with the direction to the Estate Manager, Housing Board, Haryana to consider the said legal notice dated 26.03.2025 and to decide the same after hearing the petitioner / her authorised representative within a period of three months from the date of receipt of certified copy of the present order.

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DAVINDER KUMAR 2026.07.13 09:40 I attest the accuracy and authenticity of this order / judgment

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CWP-20690-2026 4

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It is made clear that this Court has not opined on the merits of the case and the Estate Manager would consider and decide the legal notice independently in accordance with law.

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(VIKAS BAHL) JUDGE

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(SUBHAS MEHLA) JUDGE

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July 10, 2026.

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Davinder Kumar

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Whether speaking / reasoned Whether reportable

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Yes/No Yes/No