The court disposed of a contingent_order_petition concerning the recovery of assessed amounts and interest. Having been informed that the entire remaining dues were deposited by May 4, 2009, the court held the petition rendered infructuous.
Rule discharged; petition dismissed as infructuous due to full recovery of the dues.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No. 1875 of 2008 Date of Decision : May 18, 2009
Jaskaran Singh and another
....Petitioners
Versus
Megh Raj and another
.....Respondents
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. P.P.S. Duggall, Advocate for the petitioners.
Mr. M.C. Berry, Additional Advocate General, Punjab for the respondents.
T.P.S. MANN, J. (Oral)
On July 12, 2007, while disposing of the writ petition filed by one of the petitioners, a Division Bench of the High Court directed the respondents to execute the order dated 25.7.2003 passed by the B.D.P.O. expeditiously, preferably within a period of three months. As the respondents failed to comply with the said directions, the petitioners filed C.O.C.P. No. 1621 of 2007, which was disposed of on April 21, 2008 in view of the averments made in para 7 of the reply, which suggested that lawful action had already been initiated to recover the subject amount from Gurcharan Singh, ex-Sarpanch. A direction was, however, issued to respondent No.2 to expedite the recovery proceedings and conclude the same on or before 30.9.2008.
C.O.C.P. No. 1875 of 2008
-2-
In his reply, respondent No.2 has stated that on July 20, 2007, the then B.D.P.O. sent a notice for recovery of original assessed amount of Rs.5,01,505/- and further upto date interest to the tune of Rs.2,40,720/- and, thus, Gurcharan Singh, ex-Sarpanch was required to deposit an amount of Rs.7,42,225/-. In para 8 of the reply, it stands mentioned that an amount of Rs.2,00,000/- has already been recovered from aforementioned Gurcharan Singh.
Learned State counsel has now informed the Court that the remaining amount of Rs.5,42,255/- has since been deposited by Gurcharan Singh by way of a Pay Order dated 4.5.2009 in the name of Sarpanch, Gram Panchayat Waloor Block Ghall Khurd. Photocopy of the Pay Order has been produced in the Court and taken on record.
In view of the fact that the entire amount has been recovered from Gurcharan Singh, the present petition has been rendered infructuous and is, accordingly, disposed of. Rule is discharged.
May 18, 2009 satish
( T.P.S. MANN ) JUDGE
Jaskaran Singh
Megh Raj
T.P.S. MANN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
