High Court of Punjab and Haryana, Chandigarh
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Smt.Manju Noorpuri & Ors v. Improvement Trust, Ludhiana - CWP-6598-2004  RD-P&H 4087 (13 July 2006)
DATE OF DECISION: July 14, 2006
Smt.Manju Noorpuri and others
Improvement Trust, Ludhiana
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S.BHALLA
PRESENT: Shri Puneet Jindal, Advocate for the petitioners.
Shri R.G.Sahota, Advocate for the respondent.
Shri Puneet Jindal, the learned counsel appearing for the petitioners informs the Court that CWP No.7221 of 2005 (Dr.Dharam Pal Ghambir v. State of Punjab and others) was decided by a Division Bench of this Court on August 8, 2005 by passing the following order:
"Learned counsel for the parties are agreed that the instant writ petition be disposed of with a direction to respondent No.2 i.e. Improvement Trust, Ludhiana, requiring it to reconsider the claim of the petitioner in the light of the judgment rendered by the Supreme Court in Harsh Dhingra vs. State of Haryana, JT 2001(8) SC 296 and pass a fresh detailed order, in accordance with law. Ordered accordingly.
In the meantime, dispossession of the petitioner shall remain stayed.
In case, the order passed by the respondents is adverse to the interests of the petitioner, no action shall be taken against him for a period of two weeks from the date when the order is served upon the petitioner." Shri Jindal further informs the Court that the controversy in the present case is identical to Dr.Dharam Pal Ghambir's case (supra).
Consequently, we dispose of the present petition with a direction to respondent Trust to reconsider the claim of the petitioner in the light of judgment rendered by the Supreme Court in Harsh Dhingra v. State of Haryana JT 2001(8) SC 296 and pass a fresh detailed and speaking order, in accordance with law.
Till the final decision is taken by the Trust, dispossession of the petitioner shall remain stayed.
A copy of the order be given dasti on payment of usual charges.
July 14,2006 (H.S. Bhalla)
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