Punjab-Haryana High Court
Arti vs State Of Punjab And Others on 10 May, 2022
Bench: Amol Rattan Singh, Meenakshi I. Mehta
103
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No.1497 of 2020 (O&M)
Date of Decision: May 10, 2022
Arti
......Petitioner.
Versus
State of Punjab and others
......Respondents.
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH
HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
*****
Present:- None for the petitioner.
Mr. Rana Harjasdeep Singh, DAG, Punjab.
Mr. Naresh Kumar, Advocate
for respondent No.4.
AMOL RATTAN SINGH, J. (Oral)
By this petition, filed under the provisions of Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus seeking directions to the respondents to charge external development charges, change of land use, permission fees, urban development charges at the rate fixed vide notification dated 06.10.2017 (Annexure P-2), for depositing Naqsha Fees for construction of a house, as the respondent is charging Rs.1342/- per square yards as external development charges, change of land use, permission fees, urban development charges in accordance with the notification dated 19.08.2007 (Annexure P-4), which is stated to be a highly excessive rate as compared to the rate fixed by respondents No.1 and 2 through the notification dated 1 of 3 ::: Downloaded on - 12-05-2022 22:13:47 ::: CWP No.1497 of 2020 -2- 06.10.2017. The petitioner has further prayed for issuance of a writ in the nature of mandamus directing the respondents to charge different rates of external development charges, change of land use, permission fees, urban development charges for different size of plots, in accordance with the Periphery Policy dated 20.01.2006 (Annexure P-5).
The petitioner, who was appearing in person till 18.03.2020, has never come present thereafter on the past two dates with the position being the same today.
On 18.03.2020, the following order was passed:
"CM-4566-CWP-2020 Application to be heard with the main case. CWP-1497-2020 Learned counsel for respondent No.4 submits that, in case, the petitioner attends the office of Executive Officer, Municipal Council, Nayagaon within a week from today, she shall be apprised of the manner in which the calculation has been made after taking into consideration instructions dated 12.02.2020.
To come up on 28.04.2020."
Learned counsel for respondent No.4-Municipal Council submits that as a matter of fact, the petitioner never visited the office despite the fact that an attempt was made to communicate with her by telephone. He further states that, in fact, her grievance already stands redressed. However, he fairly submits that in case she is still aggrieved by any action, naturally, there would be no bar for her to challenge any such action.
2 of 3 ::: Downloaded on - 12-05-2022 22:13:48 ::: CWP No.1497 of 2020 -3- That being so, the petitioner not having come present for the third time in succession and the aforesaid statement made by learned counsel for respondent No.4, this petition is deemed to have been rendered infructuous and is disposed of as such.
(AMOL RATTAN SINGH)
JUDGE
(MEENAKSHI I. MEHTA)
May 10, 2022 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
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