High Court of Punjab and HaryanaCWP/18665/2026dismissed

Vivek Cooperative House Building Society Ltd v. State Of Haryana And Another

2026-07-01Mr. Justice Pankaj Jain2 pages

CWP-18665-2026 Vivek CHBS Ltd.

...... Petitioner

Versus

State of Haryana & anr.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Sunil Chadha, Sr. Advocate with Ms. Kashish Aggarwal, Advocate for the petitioner.

Mr. Divyansh Shukla, Advocate for Mr. Sukhdeep Parmar, Advocate for respondent No.2 (MC).

*** PANKAJ JAIN, J. (ORAL) This is the second attempt being made by the petitioner to invoke writ jurisdiction of this Court under Articles 226/227 of the Constitution of India with the same prayer.

As per the case of the petitioner-Society, it is the owner of the land. A certain amount was deposited with the Municipal Council (the predecessor of respondent No.2) towards development charges. However, before the land could be developed, the same was acquired by State under the Land Acquisition Act, 1894.

Unused/unutilized amount of Rs.21,50,968/- remained with the Council. The Society served a legal notice upon the Municipal Council seeking refund thereof. Earlier, the petitioner POOJA SHARMA 2026.07.03 17:38 I attest to the accuracy and integrity of this document

CWP-18665-2026 filed CWP No.26609 of 2018, which was disposed off vide order dated 16.10.2018 by this Court observing as under:- "After arguing at some length, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to pursue its legal notice. In case, any legal notice has been received in the office of municipal council, same may be looked into at the earliest. Disposed of."

Now, the petitioner has filed present petition claiming that the legal notice has not been decided till date despite repeated representations. Entitlement claimed by the petitioner is neither based on statute nor is admitted by the respondents. The same requires adjudication on the basis of evidence. Accordingly, the petitioner is relegated to avail its alternative remedy, if any, in accordance with law. Accordingly, the present writ petition stands dismissed. ( PANKAJ JAIN ) 01.07.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2026.07.03 17:38 I attest to the accuracy and integrity of this document