Sumit Mehra And ANR. v. State Of Punjab And ORS.

CWP No.5331 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.5331 of 2017 Date of decision:22.08.2017 Sumit Mehra and another ... Petitioners Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. A.P.S.Sandhu, Advocate for the petitioners.

AJAY KUMAR MITTAL J. (ORAL) 1.

In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari for setting aside the orders dated 23.12.2016 (Annexure P-12) passed by respondent No.4 and 23.05.2016 (Annexure P-8) directing petitioner No.2 to pay a sum of `53, 42,840/- regarding plot No.771-D and further impugned order dated 17.05.2016 (Annexure P-7), directing petitioner No.1 to pay a sum of `54,02,204/- for restoration of plot No.722-D situated at Ajnala Road (97 acre) under Area Development Scheme, Amritsar. Further, a writ of mandamus has been sought directing the respondents not to charge the penal interest as well as restoration charges as no facilities and amenities have been provided them and to complete the basic infrastructure and hand over the actual physical possession to the petitioners.

Savita 2017.08.28 15:45 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.5331 of 2017 {2} 2.

Learned counsel for the petitioners submitted that break-up of the amount as claimed on account of penal interest and premium of the plot could not be incorporated inadvertently in the writ petition. It was also stated that certain other relevant facts are also required to be pleaded in the petition.

3.

In view of such situation, learned counsel for the petitioners prayed that he may be permitted to withdraw the present writ petition with liberty to the petitioners to file fresh one on the same cause of action by incorporating relevant information including break-up of the amount and appending the relevant documents with the fresh writ petition. 4.

Dismissed as withdrawn, with liberty as aforesaid. (AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) JUDGE August 22, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.08.28 15:45 I attest to the accuracy and integrity of this document High Court Chandigarh