Ravinder Kumar v. Huda & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.14764 of 2015 (O&M) DATE OF DECISION: 10.03.2016 Ravinder Kumar .....Petitioner versus Haryana Urban Development Authority and others .....Respondents 2.

Civil Writ Petition No.14844 of 2015 (O&M) Kartar Singh .....Petitioner versus Haryana Urban Development Authority and others .....Respondents 3.

Civil Writ Petition No.14835 of 2015 (O&M) Ram Bilas .....Petitioner versus Haryana Urban Development Authority and others .....Respondents 4.

Civil Writ Petition No.26394 of 2015 (O&M) Usha Rani .....Petitioner versus Haryana Urban Development Authority and others .....Respondents 5.

Civil Writ Petition No.26338 of 2015 (O&M) Usha Rani .....Petitioner versus Haryana Urban Development Authority and others .....Respondents

CWP No.14764 of 2015, etc.

- 2 - 6.

Civil Writ Petition No.26397 of 2015 (O&M) Vipin Kumar .....Petitioner versus Haryana Urban Development Authority and others .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present: Mr. Umesh Narang, Advocate for the petitioner Mr. Deepak Balyan, Advocate for HUDA in CWP Nos.14764, 14844 and 14835 of 2015 Mr. Deepak Sabharwal, Advocate for HUDA in CWP Nos.26338, 26394 and 26397 of 2015 ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

These six petitions involve identical facts and, hence, are being disposed of by this common order.

2.

The petitioners have challenged the order passed by the Estate Officer upholding the demand of extension fee. 3.

The petitioners contend that the extension fee cannot be charged as possession was never handed over. The respondents, on the other hand, seek to file an affidavit contending that the possession was never taken by the petitioners. This is one of the main questions of fact that arises in each of these matters. 4.

The petitioners have an alternate remedy of appeal against the impugned order of the Estate Officer. In the facts and circumstances of these cases especially in view of the disputed

CWP No.14764 of 2015, etc.

- 3 - questions of fact, the petitioners must avail the alternate remedy in the first instance.

5.

The petitions are accordingly disposed of with liberty to the petitioners to pursue the alternate remedy. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE 10.03.2016 (ARUN PALLI) parkash* JUDGE