High Court of Punjab and Haryana, Chandigarh
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Manohar Lal Sethi v. State of Haryana & Ors - CWP-12184-2005  RD-P&H 5825 (22 August 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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C.W.P NO. 12184 OF 2005
Date of decision : July 21, 2006
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Manohar Lal Sethi ............Petitioner Vs.
State of Haryana & others ...........Respondents * * * * *
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. N.L Sammi, Advocate for the petitioner(s).
Mr. Ashok Jindal, Additional Advocate General, Haryana.
Mr. Jitender Dhanda, Advocate for respondents no. 2 & 3.
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Viney Mittal, J. (Oral)
The site of the petitioner has been ordered to be resumed on account of non-deposit of the outstanding dues.
On August 5, 2005, the petitioner had made a statement before this Court that he was ready and willing to deposit an amount of Rs.3,00,000/- which would cover the entire amount payable by the petitioner to the respondents. A further perusal of the order dated August 22, 2005 shows that the petitioner had deposited an amount of Rs.3,00,000/- with the Registry of this Court.
C.W.P NO. 12184 OF 2005 2
Sh. N.L Sammi, learned counsel appearing of the petitioner states that the aforesaid amount deposited by the petitioner completely covers all the outstanding dues payable by the petitioner to the respondents with regard to the site in question.
Keeping in view the aforesaid fact and also the various pleas raised by the petitioner in the present petition, we dispose of the present petition and direct the Registry to refund the amount of Rs.3,00,000/- deposited by the petitioner . The petitioner shall, however, deposit the amount of Rs.3,00,000/- with the Estate Officer, HUDA, Ambala- respondent no.3 within a period of 4 weeks from the date a certified copy of this order is received. On receipt of the aforesaid amount, the Estate Officer, HUDA, Ambala shall issue a written communication to the petitioner, if any further amount is due and payable by him with regard to the plot in question. On receipt of the aforesaid communication, the petitioner shall further deposit the amount so demanded by the Estate Officer, HUDA. On deposit of the entire outstanding dues, the resumption order passed against the petitioner shall be treated as nonest. However, we make it clear that in case the petitioner defaults in making the aforesaid payment then, in such a situation, the resumption orders passed against the petitioner shall stand revived and in such a situation, the present petition shall be deemed to have been dismissed.
Copy of the order be given dasti on payment of the usual charges.
( VINEY MITTAL )
C.W.P NO. 12184 OF 2005 3
July 21, 2006 ( H.S BHALLA )
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