Disposed

Rajinder Singh v. Haryana State Agriculture Marketing Board & Ors.

Punjab & Haryana HC15 May 2014CWP/9348/2014

Case brief

AI extract

What is this about?

Petitioner, an allottee facing interest charges by the Market Committee, approached the High Court. The Court found an alternative remedy existed. It directed the Court to dispose of the matter via a reply-cum-objection mechanism, referencing a prior similar judgment.

What did the court decide?

Disposed with direction to petitioner to file reply-cum-objection to notice; authorities to decide entitlement under cited precedent.

Rajinder Singh Vs Haryana State… — Writ and Judicial Review | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.9348 of 2014 Date of Decision : May 15, 2014

Rajinder Singh

.....Petitioner

versus

Haryana State Agriculture Marketing Board and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE MAHAVIR S.CHAUHAN.

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Present : Mr.Vikram Bali, Advocate for the petitioner.

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioner is allottee of shop-site No.128 in New Vegetable Market, Sector-16, Market Committee, Faridabad. He is aggrieved by imposition of interest, penal interest and extension fee levied by the Market Committee/ respondent-authorities allegedly in violation of the rules as amended vide notification dated 5.3.2002 (Annexure P-11). The petitioner also seeks quashing of the demand notice dated 28.04.2013 (Annexure P-8). Reliance is placed on a decision dated 11.02.2014 passed by this Court in CWP No.3292 of 2012 (Sumer Singh versus Haryana State Agricultural Marketing Board and others) (Annexure P-13), in the case of allottee of Shop-site No.112 in the same vegetable market. It is averred that the facts situation of the petitioner's case is identical to that of Sumer Singh's case (supra).

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Having heard learned counsel for the petitioner, it appears to us that since the respondent-authorities have issued

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Kumar Mohinder 2014.05.29 14:47 I attest to the accuracy of this order Chandigarh

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CWP No.9348 of 2014

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[2]

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notices to the allottees, the petitioner has got an effective alternative remedy to file reply-cum-objection to the impugned notice. Thus the appropriate recourse for the petitioner at this stage is to file his reply-cum-objection to the notice alongwith a copy of the order of this court in Sumer Singh's case (supra). We, thus, dispose of this writ petition with a direction to the petitioner to file reply-cum-objection to the impugned notice alongwith a copy of judgment of this Court in Sumer Singh's case (supra) within a period of two weeks from the date of receiving a certified copy of this order. The respondent-authorities shall then consider and decide the question whether the petitioner is similarly placed person and is consequently entitled to the benefit granted in Sumer Singh's case (supra), by passing a speaking order within a period of two months. In case of similarity, the petitioner shall be extended the same relief as granted in Sumer Singh's case (supra).

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Ordered accordingly.

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Dasti.

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[SURYA KANT] JUDGE May 15, 2014 [MAHAVIR S.CHAUHAN] Mohinder JUDGE

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Kumar Mohinder 2014.05.29 14:47 I attest to the accuracy of this order Chandigarh

Rajinder Singh v. Haryana State Agriculture Marketing Board & Ors.

Case brief

What is this about?

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Rajinder Singh v. Haryana State Agriculture Marketing Board & Ors.

Case brief

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