Estate Officer, Huda And ORS v. Puneet Kumar

CR No.4870 of 2009 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.4870 of 2009 (O&M) Date of decision:12.08.2016 The Estate Officer, HUDA and others ... Petitioners Vs.

Puneet Kumar ... Respondent CR No.4969 of 2009 (O&M) Haryana Urban Development Authority and another ... Petitioners Vs.

Chela Ram Khanduja and others ... Respondents CR No.4321 of 2009 (O&M) Haryana Urban Development Authority and another ... Petitioners Vs.

Karta Ram ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Som Nath Saini, Advocate for the petitioners -HUDA (in all the petitions). Mr. Sandeep Kotla, Advocate for respondents (in CR No.4969 of 2009).

Mr. Gaurav Rana, Advocate for the respondents (in CR No.4321 and 4870 of 2009). AMIT RAWAL J. (Oral) This order of mine shall dispose of three revision petitions bearing Nos.4870, 4969 and 4321 of 2009.

The aforementioned petitions have been filed on the premise Savita 2016.09.16 10:16 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.4870 of 2009 (O&M) {2} that appeal at the instance of the HUDA against the judgment and decree of trial Court, has been dismissed at the threshold being barred by law of limitation. Though the Lower Appellate Court had imposed the costs while condoning the delay but somehow as per the contents of the application, it could not be deposited.

It is in this background of the matter, the appeals were dismissed and there was no adjudication on merits. The appeals are directed to be restored and the Lower Appellate Court is directed to decide the appeals in terms of the observations given in RSA No.2915 of 2012 titled as Estate Officer, Haryana Urban Development Authority, Kaithal & others vs. Smt. Nirmala Devi, decided on 12.08.2016 so that there is no disparity amongst the similarly situated class, as expeditiously as possible preferably within a period of 05 months from the date of receipt of a certified copy of this order.

Revision petitions stands disposed of subject to deposit of costs of `2,000/- in each case.

(AMIT RAWAL) JUDGE August 12, 2016 savita Wheather speaking/reasoned Yes/No Whether Reportable Yes/No Savita 2016.09.16 10:16 I attest to the accuracy and integrity of this document High Court Chandigarh