Khem Chand Lohchab and Others Vs Vivek Joshi and Others — Punjab & Haryana HC (2025) — LawSathi Research

Khem Chand Lohchab and Others Vs Vivek Joshi and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petition dismissed as not pressed on the strength of the respondents' undertaking to pass a fresh speaking order, with a protective conditional direction that 1/3rd of the salary of the Chief Account Officer, HSVP and the Estate Officer, HSVP stand attached in default of compliance.

Issue for consideration

Whether the respondents-HSVP had complied with the Writ Court order dated 12.07.2018 requiring a fresh speaking order on the petitioner's claim against enhanced demand by the Committee consisting of the Chief Administrator, HUDA, the Estate Officer, HUDA and the Chief Controller of Finance, HUDA, Panchkula. +1 more

Court's answer

Once a fresh speaking order is passed by the respondents in terms of the Writ Court order, a fresh demand, if any, shall be raised from the petitioner, as the previous order was not passed by the Committee consisting of the officers mentioned in the Writ Court order.

Ratio / Principle

In view of the undertaking extended on behalf of the respondents, the petition is dismissed as not pressed and the rule stands discharged.

Key takeaways

In case the needful is not done, 1/3rd of the salary of the Chief Account Officer, HSVP as well as the Estate Officer, HSVP shall remain attached till compliance is made.ratio¶24
Pending applications, if any, also stand disposed of.ratio¶27

Detailed headnote1 paragraphs

COCP-513-2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided on 08.05.2025 by Harkesh Manuja J. (Oral). Contempt petition by Khem Chand Lohchab and others against Vivek Joshi, Vice Chairman, HSVP, Panchkula, concerning compliance with the Writ Court order dated 12.07.2018, under which a fresh speaking order on the petitioner's claim against enhanced demand was to be passed by a Committee consisting of the Chief Administrator, HUDA, the Estate Officer, HUDA and the Chief Controller of Finance, HUDA, Panchkula, Haryana. Respondents' counsel, on instructions, undertook that the Committee shall hear the petitioner on 13.05.2025 at 11:00 A.M. in the office of the Chief Administrator, HSVP, Panchkula, pass a speaking order within a week thereafter and forward a copy to the petitioner within a week thereafter. In view of the undertaking, the petition was dismissed as not pressed and the rule discharged; however, in default of compliance, 1/3rd of the salary of the Chief Account Officer, HSVP and the Estate Officer, HSVP shall remain attached till compliance is made. The Court observed that once a fresh speaking order is passed in terms of the Writ Court order, a fresh demand, if any, shall be raised from the petitioner, as the previous order was not passed by the Committee consisting of the officers mentioned in the Writ Court order. Pending applications, if any, stand disposed of.

COCP-513-2025 (O&M)

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184 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

COCP-513-2025 (O&M) Decided on:-08.05.2025

Khem Chand Lohchab and others

....Petitioners..

vs.

Vivek Joshi, Vice Chairman, HSVP, Panchkula

...Respondent.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr.Mukul Aggarwal, Advocate, for the petitioner.

Ms.Nihar Bala, Advocate and Mr. Aman Chawariya, Advocate for Mr. H.S. Gill, Advocate, for the respondents-HSVP.

HARKESH MANUJA J. (Oral)

Learned counsel for the respondents, on instructions, submits that a fresh speaking order shall be passed with respect to the claim of the petitioner against enhanced demand by the Committee consisting of Chief Administrator, HUDA, the Estate Officer, HUDA and the Chief Controller of Finance, HUDA, Panchkula, Haryana in terms of the Writ Court order dated 12.07.2018.

1.2 Learned counsel also submits that the Committee shall hear the petitioner on 13.05.2025 at 11:00 A.M. in the office of Chief Administrator, HSVP, Panchkula and a speaking order thereupon shall be passed within a week thereafter and a copy thereof shall be forwarded to the petitioner within a week thereafter.

In view of the aforesaid undertaking extended on behalf of the

SONIKA 2025.05.12 12:41 I attest to the accuracy and authenticity of this document

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COCP-513-2025 (O&M)

respondents, learned counsel for the petitioner does not press the present petition.

Dismissed as not pressed. Rule stands discharged.

However, in case, the needful is not done, the salary of Chief

Account Officer, HSVP as well as the Estate Officer, HSVP to the extent of 1/3rd shall remain attached till the compliance is made.

It goes without saying that once a fresh speaking order is passed by the respondents in terms of the Writ Court order; a fresh demand, if any, shall be raised from the petitioner as the previous order was not passed by

the Committee consisting of the officers mentioned in the Writ Court order.

Pending applications, if any, also stand disposed of.

08.05.2025 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/ No

SONIKA 2025.05.12 12:41 I attest to the accuracy and authenticity of this document