Punjab-Haryana High Court
Mohinder Singh vs Chandigarh Administration And Ors on 21 December, 2017
Bench: S.J.Vazifdar, Harinder Singh Sidhu
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CWP No.2602 of 2016 (O&M)
Date of decision:-21.12.2017
Mr. Mohinder Singh .. Petitioner
Vs.
Chandigarh Administration and others .. Respondents
2. CWP No.14116 of 2016 (O&M)
Date of decision:-21.12.2017
Bhupinder Kaur .. Petitioner
Vs.
U.T. Chandigarh Administration and others .. Respondents
Coram: HON'BLE MR.JUSTICE S.J.VAZIFDAR,CHIEF JUSTICE
HON'BLE MR.JUSTICE HARINDER SINGH SIDHU
Present:- Mr. Sanklap Sagar, Advocate
for the petitioner (in CWP No.2602 of 2016.
Mr. H.S. Brar, Advocate
for the petitioner (in CWP No.14116 of 2016)
Mr. Suvir Sehgal, Sr. Standing Counsel with
Mr. Tarun Walia, Advocate and
Mr. Akshay Sethi, Advocate
for respondents No.1, 2 and 3.
Mr. G.S. Jaswal, Advocate
for respondents No.4 and 5.
S.J. VAZIFDAR, CHIEF JUSTICE
The petitioners in both the petitions seek the same relief. The
petitions are therefore, disposed of by this common order and judgment. It
will be convenient to refer to the parties and facts from CWP No.2602 of
2016.
One Mohan Singh was the owner of an immovable property in
Sector 15, Chandigarh and respondents No.6 and 7 and one Surinder Singh
are his children. Surinder Singh died and his estate is represented by
respondents No.4 and 5 Buland Iqbal Singh and Mrs. Opinder Surinder
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CWP No.2602 of 2016 (O&M) -2-
Singh his son and widow respectively. CWP No.14116 of 2016 has been
filed by respondent No.7 Bhupinder Kaur.
The petitioner has challenged the order dated 27.11.2015
(Annexure P-1) passed by respondent No.2-Estate Officer refusing his
application for transfer of the ownership of the said property to the extent of
a 24.6075% share therein in his name. The application was made on the
basis of a registered Will dated 10.09.1984 executed by said Mohan Singh,
who expired on 22.03.1992. As rightly pointed out by Mr. Sehgal, learned
counsel appearing on behalf of respondents No.1, 2 and 3, the impugned
order dated 27.11.2015 does not reject the application but has kept it
pending till the parties furnish the certificate as required during the hearing.
The impugned order states that the petitioner had not complied with the
following requirements:-
"1. Fresh Certificate from Regd. Architect declaring the
100% share as per area mentioned in the Will as the Will is
floorwise which amount to fragmentation.
2. Acceptance affidavits from all the beneficiary of the
Will regarding acceptance of share as per Certificate of the
Regd. Architect."
It is not necessary to deal with the facts in detail. The heirs of
the said deceased do not dispute the Will. The only dispute is between
respondents No.4 and 5 on the one hand and respondent No.6 on the other
which does not affect this petition. This dispute does not pertain to the
validity of the Will. Respondents No.4 and 5 contend that there was an oral
agreement under which respondent No.6 had agreed to transfer his share to
respondents No.4 and 5,who as mentioned earlier are the heirs of the said
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Surinder Singh. The Civil Suit filed by respondents No.4 and 5 to enforce
the oral agreement is pending.
Under the policy formulated by the official respondents, there is
no impediment to the transfer of an undivided share as per the Will. This,
however, is subject to an important restriction to which the private parties
have no objection viz that fragmentation of the property is not permissible.
The will proposed to bequeath identified portions of the property to the
heirs. The official respondents are not bound to recognize transfers in such
terms. The official respondents can only recognize the undivided share of
the beneficiaries. It is for the beneficiaries to decide the percentage/extent of
their undivided share in the property and to inform the official respondents
of the same.
Irrespective of what the architect's certificate may state, it is
made clear that the transfer will be only of undivided shares in the property
and nothing more. The petitioner and the respondents rightly agree and
admit that the transfer of such a share will not constitute fragmentation of
the property at any stage. They also agree and undertake that they will not
contend in future that this order constitutes or results in the fragmentation of
the property and it is also so ordered. If despite this order or for any reason,
it is contended or found that this order or the transfers made by the official
respondents amounts to or results in fragmentation or partition of the
property by metes and bounds, this order shall stand revoked and the
transfers, if any, shall be annulled without further orders of the Court.
The official respondents shall, therefore, deal with the
application for transfer in accordance with and subject to the above
observations.
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Mr. Sehgal, learned counsel states that a decision will be taken
by 31.03.2018.
The petitions are accordingly disposed of.
(S.J. VAZIFDAR)
CHIEF JUSTICE
(HARINDER SINGH SIDHU)
21.12.2017 JUDGE
Atul
Whether speaking/reasoned √ Yes/No
Whether Reportable: √ Yes/No
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No25368 of 2016 (O&M)
Date of decision:-21.12.2017
M/s Saggu Marriage Palace and another .. Petitioners
Vs.
State of Punjab and others .. Respondents
Coram: HON'BLE MR.JUSTICE S.J.VAZIFDAR,CHIEF JUSTICE
HON'BLE MR.JUSTICE HARINDER SINGH SIDHU
Present:- None for the petitioner.
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
S.J. VAZIFDAR, CHIEF JUSTICE
Neither the petitioners nor his advocate had put in appearance
on the last date of hearing. Today, they are not present when the case called
out twice.
Accordingly, the writ petition is dismissed for non-prosecution.
It is, however, made clear that the petitioners are always at liberty to
challenge the fresh policy issued by the respondents.
Similar writ petitions have also been dismissed as withdrawn
with liberty to challenge the fresh policy.
(S.J. VAZIFDAR)
CHIEF JUSTICE
(HARINDER SINGH SIDHU)
21.12.2017 JUDGE
Atul
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No
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CWP No.2708 of 2017
Neelam Badera
VS.
State of Haryana and others
Present: Mr. Rajiv Sharma, Advocate
for the petitioner.
Mr. Ayuwan Singh, AAG, Haryana.
Mr. Deepak Sabherwal, Advocate
for respondents No.2 to 4.
Mr. Deepak Balyan, Advocate
for respondent No.5.
***
Arguments heard.
Judgment reserved.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.12.2017 Atul 6 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: ITA No.169 of 2014 Commissioner of Income Tax-II, Ludhiana VS.
M/s Hero Cycle Ltd. Ludhiana Present: Mr. Zora Singh Klar, Advocate for the appellant.
Affidavit of Ms. R. Bhama, Principal Commissioner of Income Tax-2, Ludhiana filed in Court today is taken on record.
Adjourned to 13.03.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 7 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.21272 of 2017 (O&M) Amrit Pal Singh Grewal (Col.) and others VS.
State of Punjab and another Present: Mr. M.S. Khillan, Advocate for Mr. S.S. Salar, Advocate for the petitioners.
Mr. H.S. Garhan, Advocate for respondent No.2.
Adjourned to 13.03.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 8 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP Nos.20228 22430, 25368 of 2016 Sandali Darwaza Resorts and Restaurants Pvt. Ltd. and others VS.
State of Punjab and others Present: Mr. Sumeet Mahajan, Sr. Advocate with Ms. Ramneeq Kaur, Advocate Mr. Gaurav Singh Rana, Advocate for the petitioner.
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
Mr. Sarvesh Malik, Advocate for PUDA, GLADA and GAMADA Mr. Balwinder Singh, Advocate for respondent No.7 (in CWP No.22430 of 2016) **** Adjourned to 18.12.2017.
A photocopy of this order be placed on the files of connected cases.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 9 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.27546 of 2017 (O&M) Dreams Villa Resort and others VS.
State of Punjab and others Present: Mr. Sumeet Mahajan, Sr. Advocate with Ms. Ramneeq Kaur, Advocate for the petitioners.
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
Mr. Sarvesh Malik, Advocate for respondent No.3.
**** The petitioners shall be entitled to deposit the amounts demanded towards the CLU and EDC without prejudice to the rights and contentions. The respondents shall also be entitled to accept the same without prejudice to the rights and contentions. However, in the event of petitioners succeeding, the respondents shall refund the amount with interest if any and as may be fixed by the Court.
Adjourned to 12.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 10 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.12215 of 2017 (O&M) M/s Aroosa Resorts and Marriage Palace and others VS.
State of Punjab and others Present: Mr. Jagmohan Singh Bhatti, Advocate for the petitioners.
**** Adjourned to 12.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 11 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.21389 of 2017 (O&M) Residents Welfare Association VS.
State of Punjab and others Present: Mr. Vivek Sharma, Advocate for the petitioner.
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
Mr. Sanjeev Soni, Advocate for respondent No.3.
Mr. Karanvir Singh, Advocate for Mr. J.S. Toor, Advocate for respondent No.5.
Mr. Vikas Bahl, Sr. Advocate with Ms. Harbani Shinh, Advocate for respondent No.6.
**** Respondent No.6 is waived service as Ms. Harbani Shinh, Advocate having accepted notice on behalf of respondent No.6.
The petitioner shall, within two weeks from today, inform the Advocates of the respondents, the names of the members of the petitioner association.
Adjourned to 13.03.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 12 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.27778 of 2017 (O&M) Naveen Kumar Batra VS.
State of Haryana and others Present: Mr. Vishwajeet, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana. **** Adjourned to 18.12.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 13 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.10926 of 2015 (O&M) M/s Unitech Ltd. and another VS.
State of Haryana and others Present: Mr. Aashish Chopra, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana. **** Mr. Balyan, learned Addl. A.G., Haryana seeks time to take instructions as to whether what is stated by District Public Relation and Grievance Committee is only advisory in nature or whether the same are bound to be followed by the parties concerned including the official respondents and other officers.
Adjourned to 12.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 14 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.25987 of 2017 (O&M) Bhupinder Rana VS.
Union Territory of Chandigarh and other Present: Ms. Monika Thakur, Advocate for the petitioner.
Ms. Priyanka Dalal, Advocate for respondent No.1 Mr. Sanjiv Ghai, Advocate for respondent No.2.
Mr. Arjun Sharma, Advocate for respondent No.3. **** The pendency of this petition does not preclude the official respondents from taking any steps regarding the safety of persons. Needless to add that same shall be done after considering the interest and views of all the parties.
Adjourned to 08.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 15 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.26320, 26416, 26417 26418, 26686, 26700 of 2017 Mahavir Singh @ Mahabir and another VS.
State of Haryana and others Present: Mr. Navin Dahiya, Advocate for Mr. Shalender Mohan, Advocate for the petitioners (in CWP No.26320, 26417, 26418, 26686, 26700 of 2017) Mr. Damodar Khurana, Advocate for the petitioner (in CWP No.26416 of 2017) Mr. Deepak Balyan, Addl. A.G., Haryana. **** Adjourned to 13.03.2018.
A photocopy of this order be placed on the files of connected cases.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 13.12.2017 Atul 16 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.20893 of 2015 (O&M) Govt. of India Press, Nilokheri, Karnal VS.
State of Haryana and others Present: Mr. Chetan Mittal, Sr. Advocate with Mr. Deepak Malhotra, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana.
Mr. Vikram Singh, Advocate for respondent No.5.
Mr. Parminder Singh, Advocate for respondents No.6 to 15.
*** Adjourned to 18.12.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 11.12.2017 Atul 17 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.20893 of 2015 (O&M) Govt. of India Press, Nilokheri, Karnal VS.
State of Haryana and others Present: Mr. Deepak Malhotra, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana.
Mr. Vikram Singh, Advocate for respondent No.5.
Mr. Parminder Siingh, Advocate for respondents No.6 to 15.
*** Adjourned to 30.11.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 28.11.2017 Atul 18 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.11835 of 2016 (O&M) Ramesh VS.
State of Haryana and others Present: Ms. Manjari Nehru Kaul, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana.
Mr. Deepak Sabherwal, Advocate for respondent Nos.2 to 4.
*** Adjourned to 29.11.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 28.11.2017 Atul 19 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: RFA-COM-8-2017 (O&M) M/s Khurana & Company VS.
The Punjab State Civil Supplies Corp. Ltd. and another Present: Mr. Mukand Gupta, Advocate for the appellant.
Mr. H.S. Sethi, Advocate for respondent No.1.
*** Fresh notice to respondent No.2 be issued for 26.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 28.11.2017 Atul 20 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP Nos.4138 and 4149 of 2015 District Bar Association Jalandhar VS.
State of Punjab and others Present: Mr. Gaurav Tangri, Advocate for the petitioner(s).
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
*** Adjourned to 14.02.2018.
A photocopy of this order be placed on the file of connected case.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 21 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.24725 of 2017 39 West Residents Welfare Association VS.
State of Punjab and others Present: Mr. Vivek Khatri, Advocate for the petitioner.
Mr. P.P.S. Thethi, Addl. A.G., Punjab.
Mr. J.S. Gill, Advocate for respondent Nos.3 and 4.
Mr. Vishal Sharma, Advocate for respondents No.6 to 8.
*** Mr. Gill, learned counsel appearing for respondents No.3 and 4 states that the file is already under consideration. Respondents No.3 and 4 will ascertain that as to whether private respondents No.6 to 8 have necessary permission or not and in the event of their having permission whether ongoing construction is in accordance therewith or not.
Adjourned to 24.11.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 22 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP Nos.24505 & 24527 of 2017 Life Insurance Corporation of India VS.
State of Punjab and others Present: Mr. Anupam Gupta, Sr. Advocate with Mr. Akshay Jain, Advocate for the petitioner.
Ms. Ishrat Phulka, Advocate for respondents No.2 to 5.
*** Adjourned to 14.02.2018.
A photocopy of this order be placed on the file of connected case.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 23 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP Nos.23132, 26343 and 26344 of 2017 (O&M) Sanjeev Kumar VS.
The Haryana State Industrial Development Corporation through its Managing Director Present: Mr. Vivek Aggarwal, Advocate for the petitioner(s).
Mr. Deepak Balyan, Advocate for the respondent(s).
*** Adjourned to 14.02.2018.
A photocopy of this order be placed on the files of connected cases.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 24 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.3739 of 2017 (O&M) Gajraj and others VS.
HUDD, Panchkula and others Present: Mr. Ranjit Saini, Advocate for the petitioner.
Mr. Deepak Sabherwal, Advocate for respondents No.1 to 3.
*** Written statement filed on behalf of respondents No.1 to 3 in Court today is taken on record.
Adjourned to 19.01.2018.
A photocopy of this order be placed on the files of connected cases.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 25 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.21620 of 2016 (O&M) Smt. Sneh Lata VS.
Chandigarh Administration and others Present: Mr. Vinod Kumar, Advocate for Mr. Vikas Jain, Advocate for the petitioner.
None for respondents No.1 to 3.
Mr. Dinesh Kumar Malhotra, Advocate for respondent No.4.
*** On written request of learned counsel for respondents No.1 to 3, adjourned to 14.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 21.11.2017 Atul 26 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.4646 of 2017 Vijay Laxmi Sharma and another VS.
UT Chandigarh Administration and others Present: Mr. Narinder Singh Dadwal, Advocate for the petitioners.
Mr. J.S. Toor, Advocate for respondents No.1 to 5.
Mr. Raghav Talwar, Advocate for Mr. Aman Bahri, Advocate for respondent No.6.
Mr. Namit Kumar, Advocate for respondent No.7.
*** On written request of learned counsel for respondent No.6, adjourned to 02.12.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 27 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.163 of 2017 M/s Deep Chand Malhe Ram and another VS.
Haryana State Agricultural Marketing Board and another Present: Mr. Jagbir Malik, Advocate for the petitioners.
Mr. Deepak Balyan, Advocate for the respondents.
*** On written request of learned counsel for the petitioners, adjourned to 13.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 28 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.19593 of 2017 (O&M) Dilbagh Singh Dhaka and another VS.
HUDA, Panchkula and others Present: Mr. Narender Singh, Advocate for the petitioners.
Mr. Lokesh Sinhal, Advocate for HUDA-respondents.
*** On written request of learned counsel for the petitioners, adjourned to 17.01.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 29 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: RFA-COM-3-2017 (O&M) Punjab State Civil Supplies Corpn. Limited VS.
Food Corporation of India and others Present: None for the appellant.
Mr. K.K. Gupta, Advocate for the respondents.
*** On written request of learned counsel for the appellant, adjourned to 16.01.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 30 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: RFA-COM-9-2017 (O&M) M/s United Rice Mills VS.
Punjab State Warehousing Corporation Limited and another Present: Mr. Ranjan Lakhanpal, Advocate for the appellant.
*** Notice of motion returnable on 17.01.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 31 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.19080 of 2015 (O&M) Ishwar @ Ishra VS.
State of Haryana and others Present: Mr. Ajit Malik, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. A.G. Haryana Mr. Ayuwan Singh, AAG, Haryana.
Mr. Prateek Rathee, Advocate for respondent Nos.2 and 3.
*** Adjourned to 16.11.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 15.11.2017 Atul 32 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.6691 of 2017 Baldev Raj Ojha VS.
Haryana Urban Development Authority and another Present: Mr. Nikunj Dhawan, Advocate for Mr. Manoj Kumar Sood, Advocate for the petitioner.
Mr. Nitin Kaushal, Advocate for respondent No.1.
*** Adjourned to 01.02.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 31.10.2017 Atul 33 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CA-CWP-2-2017 and CA-CWP-3-2017 M/s Wipro Ltd.
VS.
Excise and Taxation Technical Services Agency and another Present: Mr. Rohit Khanna, Advocate for the petitioner.
Mr. Sagar Deswal, Advocate for respondent No.1-Caveator.
Mr. Sahil Sharma, DAG, Punjab.
*** On written request of learned counsel for the petitioner, adjourned to 05.02.2018.
A photocopy of this order be placed on the file of connected case.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 31.10.2017 Atul 34 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CM-10845-CWP-2015 in CWP-13114-2008 Upma Shukla VS.
State of Haryana and others Present: Mr. Vikram Sharda, Advocate for Mr. Rose Gupta, Advocate for the applicant-petitioner.
Mr. R.K.S. Brar, Addl. A.G., Haryana.
Mr. Lokesh Sinhal, Advocate for respondent No.4.
*** On request of learned counsel for the applicant, adjourned to (S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 35 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-25868-2014 M/s Arksan Private Limited VS.
State of Haryana and others Present: Mr. Shailendra Sharma, Advocate for the petitioner.
Mr. R.K.S. Brar, Addl. A.G., Haryana.
Ms. Archana Vashisth, Advocate for Mr. Padamkant Dwivedi, Advocate for respondents No.2 and 3.
*** On request of learned counsel for the petitioner, adjourned to 26.10.2017 (S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 36 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-206-2001 (O&M) Ramnish Kumar Gupta VS.
State of Haryana and others Present: Mr. U.K. Agnihotri, Advocate for the petitioner.
Mr. R.K.S. Brar, Addl. A.G., Haryana.
*** Let fresh notice be issued to respondents No.3 and 4 returnable on 30.01.2018.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 37 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-23965 of 2017 (O&M) Daulat Ram VS.
Chandigarh Administration and others Present: Mr. Rakesh Bhatia, Advocate for the petitioner.
*** Adjourned to 25.10.2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 38 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-23960 of 2017 (O&M) Ranbir Singh VS.
State of Punjab and others Present: Mr. Sunil Chadha, Sr. Advocate with Ms. Arti Kaur, Advocate for the petitioner.
*** Notice of motion returnable on 01.11.2017. To be heard along with CWP No.22925 of 2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 39 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-23997 of 2017 (O&M) Swaran Singh VS.
State of Punjab and others Present: Mr. Sunil Chadha, Sr. Advocate with Ms. Arti Kaur, Advocate for the petitioner.
*** Notice of motion returnable on 01.11.2017. To be heard along with CWP No.22925 of 2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 40 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-24001 of 2017 (O&M) Bahadur Singh VS.
State of Punjab and others Present: Mr. Sunil Chadha, Sr. Advocate with Ms. Arti Kaur, Advocate for the petitioner.
*** Notice of motion returnable on 01.11.2017. To be heard along with CWP No.22925 of 2017.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 41 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CR-7649-2014 (O&M) Punjab National Bank VS.
HDFC Bank and others Present: Mr. Anil K. Ahluwali, Advocate for the petitioner.
Mr. Sunil Narang, Advocate for respondent No.1.
*** Arguments heard.
Judgment reserved.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 24.10.2017 Atul 42 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-14739-2017 (O&M) Naresh Kumar Arey and another VS.
State of Punjab and others Present: Ms. Kshitija Mittal, Advocate for Ms. Vertika H. Singh, Advocate for the petitioners.
Mr. D.S. Sukarchakia, DAG, Punjab.
Mr. Harshit Anand, Advocate for Mr. Shekhar Verma, Advocate for respondents No.2 to 4.
*** On request of learned counsel for the petitioner, adjourned to 21.11.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 43 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-6690-2017 (O&M) Ramesh Kumar and others VS.
State of Punjab and others Present: Mr. Hitesh Verma, Advocate for the petitioners.
Mr. D.S. Sukarchakia, DAG, Punjab.
None for respondents No.3 &4.
*** On written request of learned counsel for respondents No.3 & 4, adjourned to 30.10.2018.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 44 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-3833-2017 (O&M) Neeraj Jain VS.
State of Haryana and another Present: Mr. Puneet Kumar Bansal, Advocate for the petitioner.
Ms. Upasana Dhawan, Advocate for respondent No.2.
*** Adjourned to 16.11.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 45 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-15660-2017 (O&M) Rajender Kumar Sharma VS.
State of Haryana and another Present: Mr. A.P. Bhandari, Advocate Mr. Rajinder Sharma, Advocate for the petitioner.
Mr. Deepak Sabherwal, Advocate for respondents No.2 and 3.
*** Arguments heard.
Judgment reserved.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 46 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CAPP-1-2017 (O&M) Embros Automotives Pvt. Ltd. VS.
Jiwan Mehta Present: Mr. Gaurav Mankotia, Advocate for the appellant.
Ms. Payal Mehta, Advocate for the respondent.
*** On request of learned counsel for the respondent, adjourned to 30.11.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 47 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.6548 of 2016 (O&M) and COCP No.1355 of 2017 (O&M) Manvinder Singh VS.
State of Punjab and others Present: Mr. S.K. Manchanda, Advocate for the petitioner(in COCP No.1355 of 2017).
Mr. D.S. Sukarchakia, DAG, Punjab.
Mr. D.V. Sharma, Sr. Advocate with Ms. Shivani Sharma, Advocate for respondents No.2 and 3.
Mr. Adarsh Jain, Advocate for respondents No.4 to 7.
*** Learned counsel appearing for respondents No.2 and 3 states that inadvertence it remained to be mentioned to the earlier Division Bench, who passed the order dated 29.08.2017 that written statement of respondents No.2 and 3 in this matter had already been filed Adjourned to 30.01.2018.
A photocopy of this order be placed on the file of connected case.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 48 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.4024 of 2016 (O&M) M/s Paradise Knitwear Pvt. Ltd. VS.
State of Haryana and others.
Present: Mr. Mayank Mathur, Advocate for Mr. Tushar Sharma, Advocate for the petitioner.
Mr. Lokesh Jain, Advocate for Mr. Lokesh Sinhal, Advocate for respondents No.2 and 3.-HSIIDC.
*** Adjourned to 30.01.2018.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 49 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CAPP Nos.32 and 33 of 2016 (O&M) H.K. Sinha VS.
The Plantation Investors Protection Society (Regd.) & others Present: None for the appellant.
Mr. Anil Sharma, Advocate for respondent No.1.
Mr. Pardeep Solath, Advocate for respondent No.3.
*** On written request of learned counsel for the appellant, adjourned to 30.01.2018.
A photocopy of this order be placed on the file of connected case.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 50 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP Nos.25654 and 24953 of 2015 (O&M) Saroj Rani VS.
Special Secretary, Department of Housing Development, Chandigarh, Punjab and others.
Present: Mr. Ankit Kharbanda, Advocate for Mr. Saurav Khuana, Advocate for the petitioner(s).
Mr. D.S. Sukarchakia, DAG, Punjab.
Mr. Ashish Grover, Advocate for respondents No.2 and 3.
*** On written request of learned counsel for the petitioner(s), adjourned to 30.01.2018.
A photocopy of this order be placed on the file of connected case.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 51 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CM No.14733-CWP of 2017 in/and CWP No.21512 of 2015 Balwan Singh VS.
Haryana Housing Board and others Present: Mr. K.S. Khehar, Advocate for the petitioner.
Mr. Vijay Pal, Advocate for respondent No.3.
Mr. Manjeet Singh, Advocate for Mr. Jasbir Singh Mor, Advocate for respondent No.4.
*** CM No.14733-CWP of 2017 Civil Misc. Application is allowed subject to all just exceptions.
Replication to the written statement filed on behalf of respondents No.1 and 2 is taken on record.
Main Case.
Adjourned to 30.01.2018.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE October 11, 2017.
Atul 52 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP No.20194 of 2015 (O&M) Nidhi Bhalothia and others VS.
State of Punjab and others Present: Mr. Sanjeev Sharma, Advocate for the petitioners.
Mr.D.S. Sukarchakia, DAG, Punjab.
Mr. Balwinder Singh, Advocate for respondents No.2 and 3.
*** Annexure P-19 proceeding/inspection dated 13.09.2017 is taken on record.
Learned counsel appearing for respondents No.2 and 3 states that these respondents have paid amounts to Sewerage Board for sewerage work. He further states that instead of executing the work, amount has been diverted for other works and on account thereof there is delay in executing some of the works for development of the colony. He further states that a sum of Rs.45 lacs have been paid to PSPCL.
In the circumstances, the petitioners are directed to implead the applicant Sewerage Board, Muncipal Council, Abohar and PSPCL.
Let the applicants Sewerage Board, Municipal Council, Abohar and PSPCL be impleaded as respondents in the array of parties.
Notice of motion be issued to newly added respondents.
Adjourned to 30.01.2018.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 53 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: October 11, 2017.
Atul 54 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CM No.8913 of 2017 and RA No.338 of 2017 in CWP No.7431 of 2017 The Phagwara Palledari Cooperative Labour and Construction Society Ltd., Phagwara.
VS.
State of Punjab and others Present: Mr. Varun Baanth, Advocate ` for the review applicant.
Mr. Jastej Singh, Advocate for non-applicant-petitioner.
Mr. Sahil Sharma, DAG, Punjab.
Mr. Anupam Singla, Advocate for respondent No.6.
*** Adjourned to 24.10.2017.
In the event of review applicant succeeding and the original petitioner deriving any benefit, it would be open to the Court to adjust the equity.
(S.J.VAZIFDAR) CHIEF JUSTICE (ANUPINDER SINGH GREWAL) JUDGE October 03, 2017.
Atul 55 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21925-2017 ASHWANI RATHEE & ORS. VS.
STATE OF HARYANA & ORS.
Present: Mr.Rajinder Sharma, Advocate for the petitioners.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 56 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21990-2017 Smt. Saroj Devi and others VS.
HUDA and others Present: Mr.S.P. Chahar, Advocate for the petitioners.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 57 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21992-2017 Smt. Vinod VS.
HUDA and others Present: Mr.S.P. Chahar, Advocate for the petitioner.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 58 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-22049-2017 Sarja Singh and others VS.
HUDA and others Present: Mr. Sher Singh Rathore, Advocate for the petitioners.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 59 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21893-2017 SATBIR SINGH & ANR. VS.
STATE OF HARYANA & ORS.
Present: Mr.Rajinder Sharma, Advocate for the petitioner.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 60 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21924-2017 MANOJ KUMAR YADAV & ANR. VS.
THE STATE OF HARYANA & ORS.
Present: Mr.Sandeep Sharma, Advocate for the petitioners.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 61 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21767-2017 BALA JINDAL VS. HUDA & ANR.
Present: Mr.Rahul Sharma-I, Advocate for the petitioner.
Mr.Deepak Balyan, Advocate for HUDA.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017. Atul 62 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21767-2017 BALA JINDAL VS. HUDA & ANR.
Present: Mr.Rahul Sharma-I, Advocate for the petitioner.
Mr.Deepak Balyan, Advocate for HUDA.
*** Adjourned to 06.10.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 28, 2017. Atul 63 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-520-2017 PINKI KUMAR VS.
CHIEF ADMINISTRATOR, HUDA & ORS.
Present: Mr.Amardeep Sheoran, Advocate for the petitioner.
Mr.Deepak Sabharwal, Advocate for HUDA.
*** Adjourned to 06.10.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 28, 2017. Atul 64 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21809-2017 MAHENDER VS. STATE OF HARYANA & ORS.
Present: Mr.Charanji Lal, Advocate for the petitioner.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 65 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-21334-2017 LEELA RAM & ANR. VS. STATE OF HARYANA & ORS.
Present: Mr.Parmod Parmar, Advocate for the petitioners.
*** Adjourned to 28.09.2017.
(S.J.VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE September 27, 2017 Atul 66 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: CWP-22018-2015(O&M) alongwith connected cases SHIRIKANT SINGH V/S STATE OF HARYANA AND ORS.
Present:- Mr. Puneet Bali, Sr. Advocate with Mr. Paramveer Singh, Advocate Mr. A.M. Punchhi, Advocate and Mr. Anupam Bansal, Advocate Mr. Johan Kumar, Advocate Mr. J.S. Dahiya, Advocate Mr.Girish Agnihotri, Sr. Advocate with Mr. Ishaan Bhardwaj, Advocate Ms. Divya Stuti Parsoon, Advocate Mr. Vijay Kumar Jindal, Advocate Mr. Satyavir Singh Yadav, Advocate Mr. Saurabh Arora, Advocate Mr. Pawan Kumar Longia, Advocate Mr. Sanjay Vashisth, Advocate Mr. Narender Singh, Advocate Mr. Sandeep Sharma, Advocate Mr. Harinder Singh Sandhu, Advocate Mr. B.K. Bagri, Advocate Ms. Meenakshi Sharma, Advocate for M.L. Sharma, Advocate Mr. Anil Kumar Rana, Advocate Mr. Pawan Kumar Mutneja, Advocate Mr. Y.P. Singla, Advocate Mr. Apurva Rathee, Advocate Mr. Mohinder Singh, Advocate Mr. Dharam Pal Balda, Advocate Mr. Mohinder Singh, Advocate Mr. Bhupinder Ghai, Advocate Mr. Pawan Kumar Longia, Advocate Mr. Ranjit Saini, Advocate and Mr. S.S. Dinarpur, Advocate for Mr. Madan Pal, Advocate Mr. Y.P. Malik, Advocate and Mr. Yogesh Malik, Advocate Mr. Amandeep Rana, Advocate Mr. Gurjeet Kaur Sandhu, Advocate Mr. Amit Jhanji, Advocate for the petitioners Mr. B.R. Mahajan, Advocate General, Haryana with Mr. Deepak Sabherwal, Addl. A.G., Haryana Mr. Deepak Balyan Addl A.G. Haryana Mr. R.K.S. Brar, Addl. A.G., Haryana. Mr. Ayuwan Singh AAG, Haryana.3 Mr. Parmod Sharma, Advocate for Mr. Amar Vivek, Advocate Mr. Sandeep K. Sharma, Advocate Mr. C.L. Sharma, Advocate Ms. Subhra Singh, Advocate Mr. Saurabh Mago, Advocate for HUDA.
-
Adjourned to 27.09.2017.
67 of 68 ::: Downloaded on - 23-12-2017 21:00:21 ::: A copy of this order be placed on the files of connected cases.
(S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE (AVNEESH JHINGAN) 27.09.2017 JUDGE Atul 68 of 68 ::: Downloaded on - 23-12-2017 21:00:21 :::