High Court of Punjab and HaryanaCWP/15232/2015disposed of

Green Park Avenue Welfare Society v. State Of Punjab & ORS

2016-09-27Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

-1CWP No.15232 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.15232 of 2015 Date of decision: 27.09.2016 Green park Avenue Welfare Society ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Dhiraj Chawla, Advocate, for the petitioner. Mr. Rajinder Goyal, Addl. A.G., Punjab.

Mr. Harsh Aggarwal, Advocate, for respondents No.2 and 4. Mr. Gagneshwar Walia, Advocate, for respondent No.7. AJAY KUMAR MITTAL, J. (ORAL) Petitioner-society has approached this Court under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing respondents No.1 to 4 to cancel the licence of promoter issued to respondent No.7 for undertaking the activities as promoter under the Punjab Apartment and Properties Regulation Act, 1995. 2.

Perusal of the writ petition shows that primary grievance raised by the petitioner is regarding non-providing of basic amenities to the residents of the locality by respondent No.7. However, the said fact has been seriously disputed by learned counsel appearing for the respondents, more particularly by respondent No.7. It was submitted that petitioner-society has not been paying the electricity and water charges whereas this Court on 17.09.2015 had directed that electricity and water supply shall not be disconnected till further orders.

Ravinder Singh 2016.09.29 16:12 I attest to the accuracy and authenticity of this document

-2CWP No.15232 of 2015 3.

After hearing learned counsel for the parties and perusing the contents of the petition and the replies, since serious dispute with regard to questions of fact is involved, we dispose of this writ petition by permitting the petitioner to approach the civil Court for redressal of its grievance in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) 27.09.2016 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2016.09.29 16:12 I attest to the accuracy and authenticity of this document