Harminder Singh & ANR v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.21784 of 2015 Date of Decision: October 12, 2015 Harminder Singh and another ....Petitioners versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.Hardyal Singh Baath, Advocate, for the petitioners. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioners are alleged to have been duped by respondent Nos.4 to 11 on the pretext of selling residential plots in a colony statedly described as 'City Green Enclave' in village Dhandara near Ludhiana. The petitioners' allegations are that the private-respondents are indulging in cheating, fraud and duping innocent customers by showing the revenue record of some other land but pretending that the 'City Green Enclave' is being developed on that land. The petitioners claim to have paid huge amount towards sales consideration but there being no licence granted to the private-respondents under the Punjab Apartment and Property Regulation Act, 1995 (for short, 'the 1995 Act'), no allotment letter was issued to the petitioners. Obviously, no sale deed has been executed. The petitioners through this writ petition seek a mandamus to direct the Statutory Authority under the Act, MOHINDER KUMAR 2015.11.02 11:35 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.21784 of 2015 [2] namely, GLADA to take action against the private-respondents. On a query by us, learned counsel for the petitioners candidly acknowledges that FIR has been got registered and the private-respondents are facing criminal proceedings.

Since the petitioners have asserted that GLADA is competent to take action against the private-respondents, we dispose of this writ petition, without expressing any views on merits, with a direction to the 3rd respondent to look into the grievances expressed by the petitioners and take an appropriate action in accordance with the powers conferred under the 1995 Act.

Let the needful be done within a period of two months from the date of receiving a certified copy of this order.

Dasti.

[SURYA KANT] JUDGE October 12, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.11.02 11:35 I attest to the accuracy and authenticity of this document Chandigarh