Punjab-Haryana High Court
Jyoti vs State Of Haryana on 4 October, 2024
Author: Lisa Gill
Bench: Lisa Gill
CWP No. 20828 of 2024 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 20828 of 2024(0&M) Date of Decision: 04.10.2024. TE) eer Petitioner Versus State of Haryana sseoes Respondent CORAM:- HON'BLE MRS.JUSTICE LISA GILL HON'BLE MRS.JUSTICE SUKHVINDER KAUR Present: Mr. Anshul Mangla, Advocate for petitioner. Mr. Sukhdeep Parmar, Sr. DAG., Haryana. Mr. Vipul Dharmani, Advocate for respondents no.2 and 3. 36 2 2 2 2 LISA GILL, J.
1. Prayer in this writ petition is for quashing order/letter dated 23.07.2024, Annexure P-21, issued by respondent no.6.
2. Admittedly, SA No. 219 of 2024 filed by petitioner is pending adjudication before learned Debts Recovery Tribunal-II, Chandigarh (for short 'DRT-II').
3. Learned counsel for petitioner submits that filing of this writ petition was necessitated as DRT-II, is not functional since 14.08.2024 and petitioner was rendered remediless with the Tehsildar issuing notice dated 23.07.2024 for possession of petitioner's residential house slated to be taken on 29.08.2024.
4. Learned counsel for respondents no.2 and 3, on instructions SANJAY KHAN 2024.10.10 13:08 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, a CWP No. 20828 of 2024 (O&M) 2 from Mr. Varun Vohra, Authorized Officer of respondents no.2 and 3 submits that no date has been fixed for taking over possession as yet.
5. At this stage, we take note of order dated 30.09.2024 passed in CWP Nos. 25240 and 25295 of 2024, relevant part of which reads as under:-
"At this stage, we take note of the piquant situation which has arisen due to non-functioning of learned DRT-II leading to a flood of writ petitions by adversely affected parties before this Court with no timeline available to indicate when learned DRT- IT shall become functional. In the peculiar circumstances as above and in order to obviate unnecessary delays and difficulties to affected litigants, it is directed that earlier arrangement where additional charge of learned DRT-II had been given to DRT-I shall continue till the next date of hearing or any decision taken by Cabinet Committee for Appointments, whichever is earlier."
6. Keeping in view the above, there is no justification in continuation of present proceedings which were initiated due to DRT-II being non-functional.
7. Writ petition is accordingly disposed of with liberty to petitioner to pursue her remedy (SA No. 219 of 2024) before learned DRT- II, Chandigarh, besides filing any miscellaneous application, as may be advised, raising all pleas available to her in accordance with law. There is no expression of opinion on the merits of the matter.
(LISA GILL ) JUDGE (SUKHVINDER KAUR) October 04, 2024. JUDGE s.khan Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANJAY KHAN 2024.10.10 13:08 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, indigar!