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Punjab-Haryana High Court

The Working Friends Cooperative House ... vs The State Of Punjab & Others on 24 April, 2012

Author: Hemant Gupta

Bench: Hemant Gupta, A.N. Jindal

    IN THE HIGH COURT OF PUNJAB AND HARYANA                          AT
                     CHANDIGARH



                               COCP No.927 of 2006

                               Date of decision:- 24.04.2012

The Working Friends Cooperative House Building Society Limited, Mohali.

                                                                ....Petitioners

                                    Vs.

The State of Punjab & others

                                                             ....Respondents

CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
       HON'BLE MR. JUSTICE A.N. JINDAL



Present:    Mr. H.S.Hooda, Senior Advocate, with
            Mr. Ravi Pal Verma, Advocate, for the petitioner.

            Mr. H.P.Verma, Addl. AG, Punjab, for respondent No.1.

            Mr. Kamaljeet Singh, Senior Advocate, with
            Mr. R.S.Khosla, Advocate, for respondent Nos.2 & 3.

HEMANT GUPTA, J.

The petitioner - Society filed the present contempt petition alleging willful disobedience to the orders passed by the Division Bench of this Court on 10.10.1995, wherein the allottee of plot No.3023 is said to have started construction on the land in question. The said order reads as under:

"Admitted.
Status quo regarding possession be maintained till further orders. In view of the urgency in the matter, let the petition be listed for hearing within one year."
COCP No.927 of 2006 2

In the reply filed, it has been pointed out that plot in question shown in green colour in the lay out plan (Annexure R-1) is situated outside the land of the petitioner - Society shown in the red colour in the site plan. The affidavit to this effect was filed on 02.03.2007. No rejoinder has been filed thereafter, meaning thereby that the facts stated in the said affidavit have not been controverted.

In view of the said fact, it cannot be said that the respondents have violated the order passed by this Court in any manner.

Dismissed.


                                                    (HEMANT GUPTA)
                                                            JUDGE



24.04.2012                                              (A.N.JINDAL)
      Vimal                                                     JUDGE