High Court of Punjab and HaryanaCWP/8333/2015dismissed

M.P Gupta And ORS v. State Of Punjab And ORS

2015-05-01Mr. Justice Ajay Kumar Mittal,Mr. Justice Arun Palli2 pages

Civil Writ Petition No.8333 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8333 of 2015 Date of Order: 01.05.2015 Sh. M.P.Gupta and others ..Petitioners

Versus

State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. Alok Mittal, Advocate, for the petitioners.

RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari quashing orders dated 18.07.2012 (Annexure P-3), 24.01.2013 (Annexure P-4) and 13.01.2015(Annexure P-5), passed by the Estate Officer, GMADA, Mohali, the Additional Chief Administrator, GMADA, Mohali (exercising the powers of Administrator) and the Special Secretary, Department of Housing and Urban Development, Government of Punjab, Chandigarh, whereby 10% of the amount deposited by the petitioner has been forfeited.

Counsel for the petitioners submits that as there is no provision for forfeiture and the petitioners have surrendered the plot, the respondents had committed an error of law in order forfeiting of 10% of the amount.

We have heard counsel for the petitioners and find no error of jurisdiction or of law in the impugned orders. While deciding a similar writ petition, pertaining to an adjoining plot, a coordinate Bench has, vide order NARESH KUMAR 2015.05.06 14:23 I attest to the accuracy and authenticity of this document Chandigarh

Civil Writ Petition No.8333 of 2015 -2dated 23.04.2015, passed in Civil Writ Petition No.20902 of 2014 (Preet Inder Singh and others v. State of Punjab and others), dismissed the writ petition. We find no reason to differ with the opinion recorded by a coordinate Bench. The discretion exercised by the authorities in forfeiting 10% of the amount deposited by the petitioners cannot be faulted. The writ petition is, accordingly, dismissed.

(RAJIVE BHALLA) JUDGE May 01, 2015 (AMOL RATTAN SINGH) nt JUDGE NARESH KUMAR 2015.05.06 14:23 I attest to the accuracy and authenticity of this document Chandigarh