Dismissed¶21

Mukhvinder Singh through Attorney S Mohinder Singh v. the State of Haryana and Ors.

Writ jurisdiction – Maintainability

Punjab & Haryana HC3 May 2025CWP/11498/2025

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What is this about?

CWP-11498-2025; High Court of Punjab and Haryana at Chandigarh; Justice Jagmohan Bansal (oral); decided 03.05.2025; Mukhvinder Singh v. State of Haryana; Saraswati Kunj Co-operative House Building Society Ltd.; Article 226; writ against private public limited company; allotment letter withdrawn; alternative remedy; Civil Court; Consumer Forum; Real Estate (Regulation and Development) Act 2016; writ jurisdiction declined; petition dismissed with liberty to pursue other remedies.

What did the court decide?

The respondent-society is a public limited company owned and controlled by individuals; it is not a government company. ¶19

Mukhvinder Singh through Attorney S… — Writ and Judicial Review | Punjab & Haryana HC (2025)

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CWP-11498-2025 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA

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AT CHANDIGARH

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CWP-11498-2025

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Date of Decision: 03.05.2025

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Mukhvinder Singh through Attorney S. Mohinder Singh

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......Petitioner(s)

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Versus

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State of Haryana and others ....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

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Present: Mr. Manan Soni, Advocate, and Mr. Amit Kr. Singh, Advocate, for the petitioner.

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Ms. Rajni Gupta, Addl. A.G., Haryana.

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JAGMOHAN BANSAL, J. (Oral)

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The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondent No.4 i.e. The Saraswati Kunj Co-operative House Building Society Ltd. to physically allot him a plot.

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The petitioner claims that he has deposited a substantial amount with respondent-society for the allotment of a plot. The petitioner was issued allotment letter for a particular plot which was withdrawn. Thereafter, allotment letter was issued with respect to another plot. He is running from pillar to post, however, respondent is not handing over him possession of plot. It is causing irreparable loss to him.

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Shivani Gupta 2025.05.03 14:43

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CWP-11498-2025 2

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The petitioner in Para No.26 of the petition has mentioned that he has no alternative remedy of appeal or revision except to approach this Hon’ble Court by way of filing present petition. The respondent is a public limited company which is owned and controlled by individuals. It is not a government company. The petitioner has remedy to approach Civil Court and he may have remedy to approach Consumer Forum as well as Authorities constituted under The Real Estate (Regulation and Development) Act, 2016.

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In the wake of availability of alternative remedies and considering the fact that relief is sought against a public limited company, this Court does not find it appropriate to invoke its writ jurisdiction.

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In the light of above discussion and findings, instant petition deserves to be dismissed and accordingly dismissed. It is made clear that this order would not inhibit the petitioner from availing alternative remedies as permissible by law.

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03.05.2025 (JAGMOHAN BANSAL) shivani JUDGE Whether reasoned/speaking Yes Whether reportable No

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Shivani Gupta 2025.05.03 14:43

Mukhvinder Singh through Attorney S Mohinder Singh v. the State of Haryana and Ors.

Case brief

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Mukhvinder Singh through Attorney S Mohinder Singh v. the State of Haryana and Ors.

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