Punjab-Haryana High Court
M/S Hindustan Petroleum Corporation ... vs Haryana Urban Development Authority ... on 15 July, 2013
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal
CWP No.8264 of 2013 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: July 15, 2013.
1. CWP No.8264 of 2013
M/s Hindustan Petroleum Corporation Ltd. ... Petitioner
v.
Haryana Urban Development Authority and others ... Respondents
2. CWP No.8266 of 2013
M/s Hindustan Petroleum Corporation Ltd. ... Petitioner
v.
Haryana Urban Development Authority and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON
Present: Shri Amit Rawal, Senior Advocate, with
Shri Aman Arora, Advocate for the petitioner.
Shri D.V. Sharma, Sr. Advocate with
Shri Harit Sharma, Advocate for the respondents.
Satish Kumar Mittal, J. (Oral):
This order shall dispose of CWP Nos.8264 and 8266 of 2013. In these writ petitions, the petitioners have challenged orders of different dates whereby their lease agreement has been cancelled.
While issuing notice of motion, it was directed that on deposit of 25% of the amount demanded, petrol stations, which have been sealed, shall be re-opened by the authorities. It has not been disputed that against those orders, the remedy of appeal is available, but the petitioners in both the aforesaid writ Kadyan Vinod Kumar 2013.07.20 11:11 I attest to the accuracy and integrity of this document Chandigarh CWP No.8264 of 2013 -: 2 :- petitions have not availed the remedy of statutory appeal before the Administrator, who exercises the power of Chief Administrator, for deciding such an appeal. Counsel for the petitioners prays for a liberty to prefer an appeal before the Chief Administrator, HUDA and further prays the said authority be directed to decide the same in accordance with law. Counsel for the respondents states that he has no objection if the petitioner is allowed to file an appeal against the impugned orders within a reasonable time and the same shall be considered and decided by the Chief Administrator, HUDA in accordance with law.
In view of the above consensus arrived at between the parties, these writ petitions are disposed of with a direction to the Chief Administrator, HUDA to decide the appeals, to be filed by the petitioners within one month from today, expeditiously and preferably within a period of four months after affording opportunity of hearing to the petitioners and by passing a speaking order, without being influenced by the comments made earlier by any of the Officers.
It is ordered that till the decision of the appeals, interim orders shall continue. The petitioners shall, however, continue to pay rent regularly.
Disposed of.
[ Satish Kumar Mittal ] Judge [Dr. Bharat Bhushan Parsoon] July 15, 2013. Judge kadyan Kadyan Vinod Kumar 2013.07.20 11:11 I attest to the accuracy and integrity of this document Chandigarh