Punjab-Haryana High Court
M/S Chhaju Ram Jai Bhagwan vs Haryana State Agricultural Marketing ... on 27 April, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
CIVIL WRIT PETITION NO.2874 OF 2009 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: APRIL 27 ,2011
M/s Chhaju Ram Jai Bhagwan, Pilukhera (Jind)
.....Petitioner
VERSUS
Haryana State Agricultural Marketing Board, Panchkula and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
PRESENT: Mr. Dhiraj Chawla, Advocate,
for the petitioner.
Ms. Jarnail Kaur, Advocate,
for respondent Nos.1 and 2.
Ms. Shruti Jain, AAG, Haryana,
for respondent No.3.
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RANJIT SINGH, J.
It is conceded before this Court that condition in the allotment letter has been imposed in view of the direction issued by this Court in Civil Writ Petition No.7259 of 1987. Accordingly, the grievance of the petitioner that such a condition can not be imposed may not be worth acceptance. However, his submission that the conveyance deed be executed by including this clause therein to the CIVIL WRIT PETITION NO.2874 OF 2009 :{ 2 }:
effect that this condition would be subject to final outcome of the writ petition, appears to be fair. The writ petition, on account of which the condition is imposed, is still pending. This has even been so stated in Annexure P-15 issued by the Haryana State Agricultural Marketing Board in a communication to the Executive Officer-cum-Secretary, Market Committee, Rohtak, that in case somebody wants to execute the conveyance deed or wants transfer of plot, then the clause be added in the document that it shall be subject to final decision of Civil Writ Petition Nos.7259, 8475, 9324-25 of 1987, which are pending before this Court.
In addition, counsel also submits that the petitioner will be entitled to refund of interest charged on the ground that the facilities were not provided and the possession could not be handed over and the petitioner was made to pay the interest on the instalments due.
Let the petitioner make a representation in this regard and if he does so, the same be considered and decided in accordance with law.
The writ petition otherwise is disposed of with a direction to the respondents to execute the conveyance deed, if the petitioner so desires, by imposing a condition as mentioned in Annexure P-15.
April 27,2011 (RANJIT SINGH ) khurmi JUDGE