Mukesh Gupta v. State Of Haryana & ORS.

CWP No. 17148 of 2012 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP No. 17148 of 2012 Date of Decision: July 18, 2017.

Mukesh Gupta ....Petitioner

Versus

State of Haryana and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. Arun Jain, Sr. Advocate with Mr.Abhishek Dhull, Advocate for the petitioner.

Mr.Rohit Arya, AAG, Haryana.

Mr.Harkesh Manuja, Advocate for respondent Nos. 3 & 5.

Rajan Gupta, J (Oral) Petitioner has filed the instant writ petition impugning the order dated 20.4.2008 Annexure P/15 passed by the Society and letter dated 21.8.2008 Annexure P/11 passed by respondent No.4 replacing 39 members of the Society. Plea of the petitioner is that he could not have been removed from the membership arbitrarily without following the procedure as envisaged by law. Besides, Chief Administrator, HUDA had no authority to issue letter Annexure P/11 replacing 39 members of the Society. At the outset, objections have been raised on behalf of the learned counsel representing the State as well as the Society that petitioner has not availed the alternate and efficacious remedy by approaching the District Registrar with his grievance. On due consideration of the matter, this

CWP No. 17148 of 2012 2 court finds substance in the plea of the respondents. Petition is disposed of. Petitioner is relegated to the remedy available before the District Registrar if so advised. In case any application/petition is filed by him before the said authority within one month from today, same shall be decided expeditiously, preferably within a period of 4 months.

(Rajan Gupta) Judge July 18, 2017.

BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No