Pushpanjali Sharma v. Housing Board Haryana And Another

C.W.P. No. 6928 of 2024 2024:PHHC:041662-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 6928 of 2024 Date of decision: 22.03.2024 Pushpanjali Sharma .... Petitioner Vs.

Housing Board Haryana and another .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Arun K. Gupta, Advocate for the petitioner.

Mr. Deepak Sabherwal, Advocate for the respondents.

ARUN PALLI, J (Oral) The petitioner has prayed for the following substantive relief: "Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents to refund the amount of Rs.1,43,000/- deposited by the petitioner at the time of submitting the application form for booking of Type-1 Flat at Barhi, District Sonepat along with interest @ 12% per annum on account of delay, int eh interest of justice.

AND Further issuance of a writ in the nature of Mandamus directing the respondent No.2 to consider and decide the Legal Notice dated 04.10.2023 (Annexure P-4) got served by the present petitioner to refund the aforesaid amount, in the interest of justice." At the outset, 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 4.10.2023 (P-4), but to no avail.

DEEPAK KUMAR 2024.03.22 12:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh

C.W.P. No. 6928 of 2024 2024:PHHC:041662-DB Served with advance copy of the petition, Mr. Deepak Sabherwal, Advocate, is present in Court on behalf of respondents. At the outset, he submits for the competent authority is already in seisin of the matter, it would be expedient if the petition is disposed of, at this stage, to enable the respondent authorities to deal with the concerns/grievances of the petitioner. And pass necessary orders, on her legal notice (ibid) in accordance with law, within four weeks from today. He submits that before any such order is passed, the petitioner would also be heard. Learned counsel for petitioner is agreeable to the course suggested by the learned counsel for the respondents and submits that let this petition be disposed of in view of the statement made by him. In the wake of the position sketched out above, this petition is disposed of in terms of the statement made by learned counsel for the parties.

This Court is sanguine that the authorities shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned counsel for the respondents, assigning reasons in support thereof.

Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 22.03.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.03.22 12:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh