The petitioner challenged a plot resumption order. The court granted liberty to withdraw the writ petition upon the petitioner filing an appeal against the resumption order within 15 days.
Granted liberty to the petitioner to file an appeal against the order dated 23.2.2003 within 15 days from today.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11752 of 2008 Date of Decision: 07.08.2009
Evergreen Properties Pvt.Ltd.
Petitioner
Versus
Haryana Urban Development Authority and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.Depak Dhingra, Advocate with Mr.Pritam Saini, Advocate for the petitioner Ms.Neena Madan, Advocate
Jasbir Singh, J.(Oral)
C.M. No.8182 of 2009
Application allowed, replication is taken on record.
CWP No.11752 of 2008
This writ petition has been filed to lay challenge to the resumption order of Plot No.4317-P, Sector 23, 23A, Gurgaon. The plot was resumed on account of non-payment of some installments.
At the time of arguments, counsel for the respondents raised an objection that against the order passed, appeal lies.
In this writ petition, it is contention of the petitioner that at no time, resumption order was conveyed to it or before passing that order, any notice was served upon the petitioner. This fact has been controverted by counsel for the respondents.
Be that as it may, now the petitioner has come to know about passing of the order of resumption. Faced with the situation, counsel for the petitioner states that let the petitioner be allowed to withdraw this writ
2
Civil Writ Petition No.11752 of 2008
petition to file an appeal against the resumption order dated 20.2.2003. Counsel for the respondents states that if the appeal is filed within two weeks from today, HUDA shall not raise bar of limitation against the petitioner.
In view of consensus arrived at between the parties, this writ petition is disposed of by granting liberty to the petitioner to file an appeal against order dated 23.2.2003 within a period of 15 days from today. If the petitioner does so, the appeal shall be decided on merits.
07.08.2009 gk
(Jasbir Singh) Judge
Evergreen Properties Pvt.Ltd.
Haryana Urban Development Authority
Jasbir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
