High Court of Punjab and HaryanaCWP/27423/2022disposed of

Suriender Kumar And Others v. Financial Commissioner Revenue-Cum-Addl. Chief Secretary And Others

2022-11-30Mr. Justice Harinder Singh Sidhu,Mr. Justice Lalit Batra2 pages

CWP No.27423 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.27423 of 2022 Date of Decision: 30.11.2022 Suriender Kumar and Ors.

......Petitioners

Versus

Financial Commissioner Revenue-cum-Addl. Chief Secretary and Ors. .....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA

Present:

Mr. Shalender Mohan, Advocate for the petitioners. Ms. Tanisha Peshawaria, DAG, Haryana.

HARINDER SINGH SIDHU, J Petitioners were allotted booths/shops/plots bearing No.39,30,26 and 45 situated at New Grain Market and Sabzi Mandi, Pundri District Kaithal. On account of failure of the petitioners to pay the instalments as per the condition of the allotment letter, the plots were resumed. Petitioners are stated to have preferred an appeal before the Zonal Administrator, Haryana State Agricultural Marketing Board, Gurugram under Section 40 of the Haryana Agricultural Produce Markets Act, 1961 and Rule 11 of HSAMB (Sale of Immoveable Property) Rules, 2000, which was dismissed vide order dated 14.07.2022 with the direction to initiate resumption proceedings as per the terms and conditions of allotment letter.

Aggrieved by the said order, petitioners filed a revision petition with a prayer for staying the order of resumption, which is pending before the Additional Chief Secretary to Government, Agriculture & Farmers Welfare Department, Haryana. The limited prayer of the petitioner is that dispossession of the petitioner be stayed until the revision petition is decided by the Revisional MANOJ KUMAR 2022.12.

CWP No.27423 of 2022 #2# Authority.

Without commenting upon the merits of the case or opining on the claims of the petitioners, this petition is disposed of with a direction that the petitioners be not dispossessed till a final order is passed in the revision petition filed by the petitioners.

(Harinder Singh Sidhu) Judge November 30, 2022 (Lalit Batra) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.12.02 18:14 I attest to the accuracy and integrity of this document