Priyanka Gupta v. Hsvp

CWP-3139-2024 -12024:PHHC:020077-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-3139-2024 Date of decision: 13.02.2024 Priyanka Gupta ....Petitioner

Versus

Haryana Shehri Vikas Pradhikaran ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Vishisht, Advocate, for the petitioner.

ARUN PALLI, J. (Oral) The petitioner herein has prayed for the following substantive relief:- "Civil Writ Petition under articles 226/227 of the Constitution of India praying for the issuance of:- A writ of mandamus declaring that demand of Rs. 306900 being arbitrary, without jurisdiction, void, in violation of the procedure prescribed by the law & inconsistent with fundamental right guaranteed to the petitioners under articles 14 and 19 of the constitution of India.

A writ of mandamus directing the respondent to refund the amount of Rs.306900/- along with interest which was paid under-protest and has been wrongly calculated by the HSVP system against the plot in June, 2023, whereas in May, 2023 the account statement showed NIL balance outstanding against the plot." Learned counsel for the petitioner submits that prior to the institution of this petition, the petitioner had even served the respondent authorities with a legal notice dated 05.11.2023 (P-14). However, even though a considerable time has elapsed, but the matter has not made any tangible progress. Resultantly, interest/rights of the petitioner continue to suffer.

AMIT KUMAR 2024.02.15 09:22 I attest to the accuracy and authenticity of this document

CWP-3139-2024 -22024:PHHC:020077-DB Served with the advance copy of the petition, Mr. Deepak Sabherwal, Advocate, for the respondent-HSVP, is present in Court. At the outset, he submits that as the competent authority is already in seisin of the concerns/grievances of the petitioner, it would be expedient if this petition is disposed of, at this stage, to enable the respondent authorities to consider and pass necessary orders on her legal notice (ibid), in accordance with law. Further, he submits that before any such orders are passed, the petitioner, if so required, shall also be afforded a hearing. Learned counsel for the petitioner is in agreement with the course suggested by learned counsel for the respondent, and submits that let this petition be disposed of, in terms of the statement made by him. However, it is urged that the authorities be directed to do the needful within a specified time.

In response, learned counsel for the respondent submits that appropriate orders shall be passed within a period of eight weeks from today.

The petition is accordingly disposed of, in terms of the statements made by learned counsel for the parties. This Court is sanguine that the authorities shall look into the matter in the right earnest. And the appropriate orders shall be passed within the time indicated by the learned counsel for the respondent. Needless to assert that this order shall not constitute any expression of opinion on the merits of the case of either party, for, as indicated above, the competent authority shall examine the concerns/grievances of the petitioner, strictly in accordance with law. (ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 13.02.2024 Ak Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMIT KUMAR 2024.02.15 09:22 I attest to the accuracy and authenticity of this document