High Court of Punjab and HaryanaCWP/4857/2016disposed of

Parveen Behal v. Chandigarh Administration And ORS

2016-10-20Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No.4857 of 2016 Date of Decision: October 20, 2016 Parveen Behal ....Petitioner versus Chandigarh Administration and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN *****

Present:

Mr. Davinder Lubana, Advocate for the petitioner. Ms. Deepali Puri, Advocate, Mr. Daman Dhir, Advocate and Mr. Mandeep Singh, Advocate for the respondents. ***** AJAY KUMAR MITTAL, J. (Oral) 1.

The petitioner has approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari quashing the order dated 26.02.2016 (Annexure P-5) vide which the allotment of site for VITA Booth at Bal Bhawan, Sector 23, Chandigarh has been cancelled by respondent No.3. It has been claimed by the petitioner that the said order has been passed without prior notice and without affording an opportunity of hearing. 2.

Notice of motion having been issued on 14.03.2016. Written statement on behalf of respondents No.1 to 3 has been filed.

Sonia Kinra 2016.10.22 12:27 I attest to the accuracy and integrity of this document High Court, Chandigarh

Civil Writ Petition No.4857 of 2016 -2- ----- 3.

At the very outset, learned counsel for the respondents submitted that the impugned order dated 26.02.2016 (Annexure P5) may be set aside, however, liberty be granted to the respondents to pass a fresh order after affording an opportunity of hearing to the petitioner.

Accordingly, the order dated 26.02.2016 (Annexure P-5) is set aside with liberty to the respondents to pass a fresh speaking order after affording an opportunity of hearing to the petitioner. The petitioner shall appear for personal hearing before the Director, Department of Social Welfare-cum-Honorary Secretary, Indian Council for Child Welfare, Sector 17, Chandigarh (respondent No.3) on 07.11.2016. It is further clarified that the respondents shall pass the speaking order expeditiously and till then, status quo shall be maintained in respect of the said premises.

Disposed of.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) October 20, 2016 JUDGE sonia gugnani Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No Sonia Kinra 2016.10.22 12:27 I attest to the accuracy and integrity of this document High Court, Chandigarh