High Court of Punjab and Haryana, Chandigarh
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Ram Kishan Singh & anr. v. State of Punjab & Ors - CWP-14393-2005  RD-P&H 5854 (23 August 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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C.W.P NO. 14393 OF 2005
Date of decision : July 21, 2006
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Ram Kishan Singh & anr. ............Petitioners Vs.
State of Punjab & others ...........Respondents * * * * *
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. Kamal Sehgal, Advocate for the petitioner(s).
Mr. Sukhdip Singh Brar, Additional Advocate General, Punjab.
Mr. A.P.S Mann, Advocate for respondents no. 2 & 3.
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Viney Mittal, J. (Oral)
The petitioners before this Court have challenged the resumption orders passed against them on account of the non-payment of the outstanding dues.
At the outset, Sh. Kamal Sehgal, learned counsel appearing for the petitioners states that the petitioners have paid the entire outstanding dues along with interest. Sh. Sehgal further maintains that the total deposit made by the petitioners is already in excess by Rs.2,00,000/-.
The factum of the entire payment having been made by the C.W.P NO. 14393 OF 2005 2
petitioners is disputed by Sh. A.P.S Mann, learned counsel appearing for the respondents no. 2 & 3.
In view of the stand taken by the petitioners, we dispose of the present petition with a direction to the Estate Officer, HUDA, Mohali- respondent no.3 to enquire into the matter as to whether the petitioners have already paid the entire amount of outstanding dues or not. If the petitioners have already paid the entire amount of dues outstanding against them, then the resumption orders passed against the petitioners shall be treated as nonest. The excess amount, if any, paid by the petitioners shall be refunded back to them. However, if on such enquiry it is found that there is still any outstanding amount payable by the petitioners, then in such a situation a written communication shall be issued by the petitioner by the Estate Officer and on receipt of the aforesaid communication, the petitioners shall be required to pay the aforesaid outstanding dues also within a further period of 4 weeks. On receipt of the aforesaid payment, the resumption orders passed against the petitioners shall be treated as nonest. However, we make it clear that in case the petitioners default in making the aforesaid payment then, in such a situation, the resumption orders passed against the petitioners 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 )
July 21, 2006 ( H.S BHALLA )
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