Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.11583 of 2002 ( O&M ) DATE OF DECISION : 11.07.2014 M/s Sita Ram Jagdish Chand, Pillu Khera, Tehsil Safidon, District Jind ...PETITIONER Versus State of Haryana and others ...RESPONDENTS CORAM :- HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL HON'BLE Mr.JUSTICE MAHAVIR S.
CHAUHAN Present : Mr.Kamal Sharma, Advocate, for the petitioner.
Mr.Kartar Singh, DAG, Haryana, for respondent No.1.
Mr.Suvir Sehgal, Advocate, for respondents No.2 and 3.
*** SATISH KUMAR MITTAL, J.
( Oral ) CM No.466-CWP of 2014 The petitioner has filed this application (CM No.466-CWP of 2014) for re-calling the order dated November 22, 2013, passed by this Court, whereby the writ petition (CWP No.11583 of 2002) was dismissed for non-prosecution, while passing the following order :- “Learned counsel for respondents No.2 and 3 states that during the pendency of this petition, all the amenities have been provided to the site allotted to the petitioner, and even the affidavit of the Executive Officer-cum-Secretary, Market Committee, Pilukhera, Dass Narotam 2014.07.11 16:28 I attest to the accuracy and integrity of this document CWP No.11583 of 2002 -2- dated 2.5.2005, has been filed, to this effect.
No body is present on behalf of the petitioner.
Dismissed for non-prosecution.”
.
After notice of the application, we have heard learned counsel for the parties.
Learned counsel for the applicant-petitioner has pointed out that a similar petition (CWP No.8083 of 2001) filed by the other allottees of the plot/shop site in market area Pillu Khera was decided by this Court vide order dated February 26, 2002, in terms of the decision of this Court in CWP No.4241 of 1992, decided on 5.8.1993, copy of which has been annexed with the petition as Annexure P-4.
In view of the said fact, after hearing learned counsel for the parties, the order dated November 22, 2013 passed by this Court is re-called and the writ petition is restored to its original number.
Application is, accordingly, allowed.
CWP No.11583 of 2002 After hearing learned counsel for the parties, this petition is also disposed of in the light of the judgment dated 5.8.1993 passed by this Court in CWP No.4241 of 1992, copy of which has been annexed with the petition as Annexure P-4.
( SATISH KUMAR MITTAL ) JUDGE July 11, 2014 ( MAHAVIR S.
CHAUHAN ) ndj JUDGE Dass Narotam 2014.07.11 16:28 I attest to the accuracy and integrity of this document