Rattan Devi v. State Of Haryana And Others

C.W.P. No. 13557 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 13557 of 2024 Date of decision: 30.05.2024 Rattan Devi .... Petitioner Vs.

State of Haryana and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Amit Kumar Jain, Advocate for the petitioner. ARUN PALLI, J (Oral) The petitioner has prayed for the following substantive relief: "Civil Writ Petition under article 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus directing the respondents to consider the date of possession of plot no.1680-P, Sector 10 A, Gurugram as 18.08.2011 in view order passed by respondent no.1 dated 10.12.2019 (Annexure P-2) and further for issuance of a writ in the nature of mandamus directing the respondents to refund the excess amount deposited by the petitioner in lieu of plot No.1680-P, Sector 10 A, Gurugram on account of extension fee for non construction of building within time limit as per the conditions of allotment letter and other charges, from 14.06.1996 to 18.08.2011 i.e.

deliver of actual physical possession of plot No.1680-P, Sector 10-A, Gurugram, to the petitioner, along with interest @ 12% per annum." Learned counsel for the petitioner, at the outset, submits that prior to the institution of the petition, the petitioner had even submitted a representation dated 05.03.2024 (P-7), which is pending consideration before the Chief Administrator, Haryana Shehri Vikas Pradhikaran. But, even though a considerable time has elapsed, the matter has not made any tangible progress. Thus, this petition.

Served with the advance copy of the petition, Mr. Deepak DEEPAK KUMAR 2024.05.31 10:32 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh Sabherwal, Advocate, is present in Court on behalf of respondents-HSVP.

C.W.P. No. 13557 of 2024 At the outset, he submits, for the Chief Administrator, Haryana Shehri Vikas Pradhikaran is already in seisin of the matter, it would be expedient, if the petition is disposed of, at this stage, to enable him to deal therewith and pass necessary orders, in accordance with law. Further, he submits that before any such orders are passed, the petitioner shall also be afforded an opportunity of hearing. And a formal communication in this regard will be served upon her, well in advance.

Learned counsel for the petitioner is agreeable to the course suggested by the learned counsel for the respondents-HSVP and submits that let the petition be disposed of in terms of the statement made by him. However, he submits that the matter being time sensitive, the competent authority be directed to consider and finally decide the matter within a specified time.

To this, learned counsel for the respondents-HSVP submits that the necessary orders in this regard shall be passed within six weeks from today.

In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.

This Court is sanguine that the authority shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned counsel for the respondents-HSVP, 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 30.05.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.05.31 10:32 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh