Savita Sood v. Haryana Shehri Vikas Pradhikaran (Hsvp) And Others

C.W.P. No. 29142 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 29142 of 2024 Date of decision: 25.10.2024 Savita Sood .... Petitioner Vs.

Haryana Shehri Vikas Pradhikaran (HSVP) and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Eklavya Gupta, Advocate and Mr. Ashok Gupta, Advocate, for the petitioner. ARUN PALLI, J (Oral) The petitioner (Savita Sood) has prayed for the following substantive relief:

"Civil Writ petition under Articles 226/227 of the Constitution of India for the issuance of writ, order or mandate especially in the nature of mandamus directing the respondents to transfer the ownership of Industrial Plot No.131-P, Sector 59, Phase-I, Faridabad, to the petitioner in terms of having obtained the Project Completion Certificate (Annexure P-12) and the Eligibility Certificate of Transfer (Annexure P-13) and despite full compliance with all legal requirements, the plot has not been transferred in the name of the petitioner till date; Also the reply to legal notice dated 20.09.2024 (Annexure P-16) has not been made till date." Learned counsel for the petitioner, at the outset, submits that prior to the institution of this petition, the petitioner had even served the respondent authorities with a legal notice dated 20.09.2024 (P-16), but to no avail.

Served with the advance copy of the petition, Mr. Deepak Sabharwal, Advocate, for respondents-HSVP, and Mr. Ankur Mittal, Advocate, with Ms. Kushaldeep Kaur, Advocate and Ms. Saanvi Singla, Advocate, for respondents-HSIIDC, are present in Court. At the outset, learned counsel for respondents No.2 and 3, on instructions, submits that DEEPAK KUMAR 2024.10.28 10:34 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh

C.W.P. No. 29142 of 2024 though the competent authority is alleged to be in seisin of the matter, but it would rather be expedient, if the petitioner moves the respondent authorities by way of a fresh representation, indicating the necessary details/particulars. And, in the event any such representation is received, the same shall be taken cognizance of forthwith, and appropriate orders shall be passed by the competent authority, as expeditiously as possible. He further submits that before any such orders are passed, the petitioner shall also be heard. And, a formal communication in this regard will be issued, well in advance. Learned counsel for the petitioner is agreeable to the course suggested by the learned counsel for the respondents-HSIIDC and submits that let the petition be disposed of in terms of the statement made by him. And, the petitioner shall submit a comprehensive representation within a week from today.

In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.

This Court is sanguine that the authority shall consider/examine the matter in the right earnest, and pass appropriate orders, assigning reasons in support thereof.

Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 25.10.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.10.28 10:34 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh