High Court of Punjab and Haryana, Chandigarh
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Arya Girls High School, Bathinda v. State of Punjab & Ors - CWP-14297-2005  RD-P&H 5853 (23 August 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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C.W.P NO. 14297 OF 2005
Date of decision : August 28, 2006
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Arya Girls High School, Bathinda ............Petitioner Vs.
State of Punjab & others ...........Respondents * * * * *
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. Akshay Bhan, Advocate for the petitioner(s).
Mr. Sukhdip Singh Brar, Additional Advocate General, Punjab.
Mr. Govind Goel, Advocate for respondents no. 2 to 4.
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Viney Mittal, J. (Oral)
A preliminary objection has been raised in the written statement filed on behalf of respondents no. 2 to 4 that allotment in favour of the petitioner had been ordered to be cancelled and the request of the petitioner for waiver with regard to certain conditions for depositing the consideration amount had been rejected vide order dated July 10, 1991 (Annexure R-1).
The aforesaid order, at no point of time, had ever been challenged by the petitioner. Consequently, it has been maintained that the writ petition filed by the petitioner is not maintainable in the absence of the challenge to the C.W.P NO. 14297 OF 2005 2
Faced with the aforesaid difficulty, Sh. Akshay Bhan, learned counsel appearing for the petitioner wishes to withdraw the present petition with a liberty to the petitioner to seek his appropriate remedies in accordance with law by challenging the order which has been mentioned in para no.2 of the preliminary objections of the written statement filed on behalf of respondents no. 2 to 4.
Dismissed as withdrawn with the aforesaid liberty.
Interim order dated March 30, 2006 shall continue to operate for a period of four weeks from today.
Copy of the order be given dasti on payment of the usual charges.
( VINEY MITTAL )
August 28, 2006 ( H.S BHALLA )
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