Rajinder Parkash v. State Of Punjab & ORS

CWP No.21190 of 2014 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.21190 of 2014 Date of decision:07.03.2017 Rajinder Parkash ... Petitioner Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Harish Goyal, Advocate for the petitioner.

Mr. Yatinder Sharma, Addl.A.G.Punjab.

Mr. Samarth Sagar, Advocate for respondent No.3.

AMIT RAWAL J. (Oral) Learned counsel for the petitioner submits that the petitioner has preferred the present writ petition against the impugned order rejecting the site plan.

However, this Court confronted Mr. Harish Goyal, with regard to provisions of Section 403 of The Punjab Municipal Corporation Act, 1976 which reads thus:- "403 Power of Government to require production of documents:- The Government may at any time require the Commissionera) to produce any record, correspondence, plan or other document in his possession or under his control; b) to furnish any return, plan, estimate, statement, account

CWP No.21190 of 2014 {2} or statistics relating to the proceedings, duties or works of the Corporation or any of the municipal authorities; c) to furnish or obtain and furnish any report." Faced with the aforementioned situation, learned counsel for the petitioner seeks leave of the Court for withdrawal of the writ petition with liberty to avail the remedy in Civil Court provided that period spent in this Court may be condoned.

In view of the aforementioned, the present writ petition is ordered to be dismissed as withdrawn with liberty as prayed for. In case, remedy is availed within a period of one month, the period spent in this Court shall be deemed to be condoned.

(AMIT RAWAL) JUDGE March 07, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No