Disposed

Amar Lal v. State of Haryana and Ors.

Punjab & Haryana HC2 Apr 2009CWP/5363/2009

Case brief

AI extract

What is this about?

A writ petitioner challenged the resumption of his allotted plot by the Municipal Council for non-payment. The Court directed the authorities to treat the petition as a representation and dispose of it in light of specific favorable orders, short-circuiting the need for fresh merit-based adjudication in this petition.

What did the court decide?

Direction to Municipal Council, Sirsa to treat writ petition as a representation and dispose of it within four months in light of the order dated 31.01.2007 of Director, Urban Development Haryana and

Amar Lal Vs State of Haryana and… — Contract and Commercial Disputes | Punjab & Haryana HC (2009)

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C.W.P NO. 5363 OF 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P NO. 5363 OF 2009 DECIDED ON : 02.04.2009

Amar Lal

...Petitioner

versus

State of Haryana and others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE SURYA KANT

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Present : Mr. Satbir Gill, Advocate, for the petitioner.

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SURYA KANT, J. (ORAL)

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The petitioner was allotted plot by the Municipal Council, Sirsa in Auto Market No.1. It appears that on account of non-payment of the installments regularly, the Municipal Council resumed the plot.

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Relying upon an order dated 31.01.2007 passed by the Director, Urban Development Haryana in the case of similarly situated allottee, namely, Prakash Chand whose resumption order was set aside with a direction to the Municipal Council to raise fresh demand from him along with interest @ 15% per annum and restore the allotment of the plot, the petitioner claims that he is also entitled for the similar relief. With a view to strengthen his claim, the petitioner also relies upon an order dated 24.07.2008 passed by a Division Bench of this Court in C.W.P No. 17410 of 2007 ( Mahesh Kumar Vs. State of Haryana

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C.W.P NO. 5363 OF 2009

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and others ) which was also a case of an allottee like the petitioner and this Court, after approving the decision taken by the Director, Urban Development Haryana, referred to above, restored the allotment of the plot on the same terms and conditions as were imposed by the Director, Urban Development Haryana in the case of Prakash Chand .

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The petitioner has, however, rushed to this Court without first raising his claim before the respondent authorities. In these circumstances and without expressing any views on the merits of the petitioner's claim, I deem it appropriate to dispose of this writ petition with a direction to respondent No.3-Municipal Council, Sirsa to treat this writ petition as a representation on behalf of the petitioner and dispose of the same in the light of order dated 31.01.2007 of the Director, Urban Development Haryana, as well as, the order dated 24.07.2008 passed by this Court in C.W.P No. 17410 of 2007 ( Mahesh Kumar vs. State of

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Haryana and others ).

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The needful shall be done within four months from the date of receipt of certified copy of this order.

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Disposed of.

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Let a copy of this order be given dasti on payment of

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usual charges.

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(SURYA KANT) JUDGE