Punjab-Haryana High Court
Capt. Rajesh Kumar Sakhuja And Another vs Union Territory Of Chandigarh ... on 17 December, 2012
Bench: Jasbir Singh, Rameshwar Singh Malik
CWP No.17134 of 2004(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.17134 of 2004(O&M)
Date of decision: 17.12.2012
Capt. Rajesh Kumar Sakhuja and another
.....Petitioners
versus
Union Territory of Chandigarh Administration and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice Rameshwar Singh Malik
Present: Ms.Priya Khurana, Advocate for the applicants/petitioners
Jasbir Singh, J. (Oral)
C.M. No.17441 of 2012 This application has been filed with a prayer to fix CWP No.17134 of 2004 for hearing at an early date. After hearing counsel for the applicants-petitioners and with her consent, CWP No.17134 of 2004 is taken up on board for hearing.
CWP No.17134 of 2004
By filing this writ petition, the petitioners, virtually, are seeking refund of the amount which they had deposited under protest towards unearned profits for sale of their property. As per law when that demand was raised, it was incumbent for the applicants-petitioners to challenge that order, if need be, before the higher authority in appeal/ revision. It was not done. Thereafter, applications were moved for refund of the amount which were also dismissed by the Estate Officer Chandigarh by passing non- speaking orders.
CWP No.17134 of 2004(O&M) 2
Under the circumstances, we dispose of this writ petition giving liberty to the petitioners to avail remedy of appeal/ revision as per law. If any appeal/ revision is filed within one month, bar of limitation shall not be taken against the petitioners.
(Jasbir Singh)
Judge
17.12.2012 (Rameshwar Singh Malik)
gk Judge