Punjab-Haryana High Court
Sunita Aggarwal vs State Of Haryana & Others --Respondents on 31 August, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 15526 of 2010
Date of Decision: 31.8.2010.
Sunita Aggarwal --Petitioner
Versus
State of Haryana & others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. Pankaj Nanhera, Advocate for the petitioner.
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PERMOD KOHLI.J (ORAL) Notice of motion.
Mr. R.D. Sharma, D.A.G., Haryana and Mr. Jashanpreet Singh, Advocate present in the Court on behalf of Mr. Ajay Nara, Advocate have been asked to accept notice on behalf of respondents no.1 & 2 to 4.
Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself.
Plot No.776, Sector 51, Urban Estate, Gurgaon was re-allotted to the petitioner vide letter dated 14.5.4.2004. However, the possession of the same was not given to him. Petitioner filed CWP No. 3309 of 2010 before this Court which came to be disposed of vide order dated 24.2.2010 asking the respondent no.4 therein to decide the representation of the petitioner. Pursuant to the aforesaid order, respondent no.4 (Estate Officer) has passed the impugned order dated 7.5.2010. Respondent no.4 has declined to consider the claim of the petitioner on the ground that he is not competent to decide the matter.
CWP. No. 15526 of 2010 -2-
Learned counsel for the petitioner submits that in fact respondent no.2 is the competent person to decide the representation of the petitioner.
As a matter of fact, it was the responsibility of the petitioner to have informed the Court about the competence of the matter when CWP No. 3302 of 2010 was disposed of. The petitioner has failed to do so. However, keeping in view the interest of justice, this petition is disposed of with a direction to respondent no.2 to decide the representation filed by the petitioner, referred to in the order dated 24.2.2010 in CWP No. 3309 of 2010, in accordance with law within a period of three months from the date certified copy of this order is served upon the said respondent. Needless to say that in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order.
(PERMOD KOHLI) JUDGE 31.8.2010.
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