Dismissed¶36

Mohammed Mushtaq and Another v. State of Haryana and Others

Punjab & Haryana HC20 Mar 2025CWP/1323/2025

Case brief

AI extract

What is this about?

Balance subsidy release for poly house installation; mandamus under Article 226/227; representation Annexure P-18 undecided; interim order 18.01.2025; reply dated 12.03.2025 with speaking order 31.01.2025 (Annexure R-1) declining claim; Dharam Singh Yadav, Addl. Director Horticulture, Haryana; petition dismissed as infructuous with liberty to challenge; Mohammed Mushtaq v. State of Haryana; CWP-1323-2025; decided 20.03.2025.

What did the court decide?

Petition dismissed as having been rendered infructuous, with liberty to the petitioner to challenge the order dated 31.01.2025 (Annexure R-1) before the appropriate authority/forum concerned. ¶36

Mohammed Mushtaq and Another Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

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111

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-1323-2025

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Date of Decision : 20.03.2025

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MOHAMMED MUSHTAQ AND ANOTHER

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.....Petitioners

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VERSUS

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STATE OF HARYANA AND OTHERS

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.....Respondents

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present : Mr. Abhimanyu Balyan, Advocate and Ms. Raina Godara, advocate, for the petitioners.

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Mr. Bhupender Singh, DAG, Haryana for respondents no.1 to 4.

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KULDEEP TIWARI, J.(Oral)

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Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the official respondents, to release the balance subsidy for installation of poly houses in the farms of the private respondents no.5 to 8.

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Mr. Manoj Kumar Taya, Advocate, has caused appearance on behalf of respondents no.5 to 8, through a validly executed power of attorney in his favour. The same is taken on record.

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This Court vide order dated 18.01.2025, passed the hereinafter extracted order:-

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“The main grievance which propelled the present petitioners to approach this Court by casting instant petition under

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DHARAM VIR 2025.03.24 10:54 I attest to the accuracy and integrity of this document

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CWP-1323-2025

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Article 226 of the Constitution of India, is the indolent and lackadaisical approach of the authority concerned, in not deciding his representation (Annexure P-18).

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Notice of motion.

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Mr. Bhupender Singh, D.A.G., Haryana, accepts notice on behalf of respondents No.1 to 4, and waives service.

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He seeks time to file a response to the instant petition. Notice to respondents No.5 to 8 be issued for 20.3.2025 on furnishing of requisite process fee.

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The competent authority amongst the respondent, is directed to make its all endeavours to take final decision on the representation (Annexure P-18), within a period of 02 weeks from today, and a copy of the decision, so taken, shall be placed on record, positively, on or before the next date of hearing.

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In case the compliance of the aforesaid direction is not made, respondent no.2 shall cause his personal appearance before this Court on the next date of hearing.

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To be shown in the urgent list.

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It is further made clear that no request for an adjournment shall be entertained on the next date of hearing from either of the parties. ”

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In deference to the aforesaid direction, a short reply, dated

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12.03.2025, by way of an affidavit of Sh.Dharam Singh Yadav, Addl. Director Horticulture, Directorate of Horticulture, Haryana, alongwith a copy of order dated 31.01.2025(Annexure R-1), has been filed on behalf of respondents no.1 to 4, today in Court, by the learned State counsel, today in Court with a copy thereof supplied to learned counsel opposite. The same is ordered to be taken on record.

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The reply ( supra ), vividly postulates that a speaking order dated 31.01.2025 (Annexure R-1), has been passed, wherethrough, the claim of the present petitioner has been declined.

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In view of the above factual position, the prayer made in the instant petition has rendered infructuous. However, the petitioner has any grievances from the order ( supra ), he is at liberty to challenge the same before the appropriate authority/forum concerned.

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DHARAM VIR 2025.03.24 10:54 I attest to the accuracy and integrity of this document

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CWP-1323-2025

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-3-

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