Arun Jain v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 25.10.2024 Arun Jain .... Petitioner Vs.

State of Haryana and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Mukul Gupta, Advocate and Mr. Vibhu Aggarwal, Advocate, for the petitioner. ARUN PALLI, J (Oral) The petitioner (Arun Jain) has prayed for the following substantive relief:

"Civil Writ Petition under Articles 226/227 of the Constitution of India with the prayer that this Hon'ble Court may be pleased to issue a writ in the nature of Mandamus, directing respondents to consider the case of petitioners, and direct Respondents No.1 & 2 to decide the representation dated 26.08.2024 (Annexure P-6) made by the Petitioner herein to the respondent Nos.1 & 2, in a time bound manner. It is still further prayed that this Hon'ble Court may be pleaded to issue a writ in the nature of mandamus, directing the Respondent No.1 & 2 to transfer the Plot No.1315, MIE Part-B, IE Bahadurgarth in the name of the Petitioner as there are no dues pending qua the Petitioner. It is still further prayed that this Hon'ble Court may be pleased to issue a writ in the nature of mandamus, directing the Respondents to compensate the Petitioner appropriately as the Petitioner has been harassed in every capacity, despite there being no fault."

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 26.08.2024 (P-6), 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-HSIIDC, on instructions, submits that 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