115

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No. 2752-2022

Date of Decision: 05.04.2022

M/s Rangi Associates Pvt. Ltd.

......Petitioner

Vs.

State of Punjab and another

.........Respondents

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH

HON'BLR MR. JUSTICE LALIT BATRA

Present:

Ms. Shelly Arora, Advocate, for the petitioner.

Mr. Pankaj Gupta, Addl. A.G., Punjab.

*****

AMOL RATTAN SINGH, J. (ORAL)

The petitioner seeks issuance of a writ in the nature of 'certiorari'

setting aside the order dated 22.09.2021 (copy Annexure P-1), passed by the

Director Local Government, Punjab, whereby the appeal filed by the petitioner

against the order passed by respondent no. 2 herein, i.e. the Deputy Director,

Urban Local Bodies, Ludhiana (copy Annexure P-5), has been illegally and

arbitrarily dismissed without assigning any proper reasons and explanation

whatsoever (as alleged).

On 14.02.2022, the following order had been passed by this court:-

“This case has been taken up through Video

Conferencing via Webex facility in the light of Pandemic

Covid-19 situation and as per instructions.

Counsel seeks time to place on record

documents/material so as to demonstrate his assertion

that the conditions bearing No.1, 19, 20 and 30 of the

license granted in favour of the petitioner for purpose of

development of a colony had been meticulously complied

with. Apart from documents, such assertion should also

come forth by way of an affidavit of the authorized

representative of the petitioner/firm.

List on 31.03.2022.”

DHARAM VIR

2022.04.08 19:18

I attest to the accuracy and

integrity of this document

CWP No. 2752-2022

-2-

Thereafter, on 31.03.2022, counsel for the petitioner had sought an

adjournment with her today appearing and submitting that the petitioner may be

allowed to withdraw this petition to file a similar one on the same cause of

action after obtaining all material as is necessary.

However, learned counsel appearing for the respondents (on an

advance copy of the petition having been received by him), submits that the

impugned order dated 22.09.2021 has been passed by the Director, Local

Government, Punjab, is in an appeal filed before that court challenging the order

dated 05.06.2015 passed by the Deputy Director Urban Local Bodies, Ludhiana.

He submits that the order Annexure P-1 (dated 22.09.2021), is

revisable by the Government in terms of the provisions of Section 34 of the

Punjab Apartment and Property Regulation Act, 1995.

Consequently, while allowing the petitioner to withdraw this

petition, it is directed that if the petitioner is aggrieved in any manner of the

order of the Director Local Government, it would first avail of its remedy under

the provisions of Section 34 of the aforesaid Act and only thereafter, if any of

the parties is aggrieved of that order, obviously they would be at liberty to avail

of all their legal remedies.

(AMOL RATTAN SINGH)

JUDGE

April 05, 2022

(LALIT BATRA)

nitin

JUDGE

DHARAM VIR

2022.04.08 19:18

I attest to the accuracy and

integrity of this document