Present: Dr. Sushil Gautam Advocate Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130145
CourtPunjab and Haryana High Court
Decided OnFeb-26-2014
AppellantPresent: Dr. Sushil Gautam Advocate
RespondentState of Haryana and Another
Excerpt:
in the high court of punjab and haryana at chandigarh cwp no.3632 of 2014 date of decision: 26.02.2014 bhagwati education society ...petitioner(s) versus state of haryana and another ...respondent(s) coram: hon'ble mr.justice g.s.sandhawalia present: dr. sushil gautam, advocate, for the petitioner. g.s.sandhawalia, j. (oral) the prayer herein is for issuance of a writ in the nature of mandamus directing the respondents to consider and initiate further action for the process of issuing no objection certificate for opening a new college by the name of ch. k.r.memorial degree college. as per the pleadings, the petitioner's case is that it had applied for no objection certificate for establishing the degree college and in response to the application, respondent no.2 raised certain objections vide letter dated 11.12.2013. the petitioner-institute sent a reply removing the said objections on 23.01.2014 (annexure p-3).it is accordingly submitted that thereafter nothing has been done. the matter has been postponed on one pretext or the other and the academic session is to commence very soon. keeping in view the above facts in mind, this court is of the opinion that at this stage, direction can be issued to respondent no.2 to decide the issue of the non objection certificate for opening of the new college, in view of the communication dated 23.01.2014 sent by the petitioner-institute. accordingly, a direction is issued to respondent no.2 to take a decision on the said issue within a period of 6 weeks from the date of receipt of certified copy of the order. in case any advers.order is to be passed against the petitioner-institute, hearing be given before passing such an order. with the above said direction, the present writ petition stands disposed of. 26.02.2014 (g.s.sandhawalia) shivani judge gupta shivani 2014.03.01 13:59 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3632 of 2014 Date of decision: 26.02.2014 Bhagwati Education Society ...Petitioner(s) Versus State of Haryana and another ...Respondent(s) CORAM: HON'BLE Mr.JUSTICE G.S.SANDHAWALIA Present: Dr.

Sushil Gautam, Advocate, for the petitioner.

G.S.SANDHAWALIA, J.

(Oral) The prayer herein is for issuance of a writ in the nature of mandamus directing the respondents to consider and initiate further action for the process of issuing No Objection Certificate for opening a new College by the name of Ch.

K.R.Memorial Degree College.

As per the pleadings, the petitioner's case is that it had applied for No Objection Certificate for establishing the degree college and in response to the application, respondent No.2 raised certain objections vide letter dated 11.12.2013.

The petitioner-institute sent a reply removing the said objections on 23.01.2014 (Annexure P-3).It is accordingly submitted that thereafter nothing has been done.

The matter has been postponed on one pretext or the other and the academic session is to commence very soon.

Keeping in view the above facts in mind, this Court is of the opinion that at this stage, direction can be issued to respondent No.2 to decide the issue of the Non Objection Certificate for opening of the new college, in view of the communication dated 23.01.2014 sent by the petitioner-institute.

Accordingly, a direction is issued to respondent No.2 to take a decision on the said issue within a period of 6 weeks from the date of receipt of certified copy of the order.

In case any adveRs.order is to be passed against the petitioner-institute, hearing be given before passing such an order.

With the above said direction, the present writ petition stands disposed of.

26.02.2014 (G.S.SANDHAWALIA) shivani JUDGE Gupta Shivani 2014.03.01 13:59 I attest to the accuracy and integrity of this document High Court Chandigarh