HARYANA SAHARI VIKAS PRADHIKARAN AND ANR v. AHSAAN AND ORS
CR/543/2025 · 2025-05-13
Suvir Sehgal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14570 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14570 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CR-543-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT 273
HARYANA SAHARI VIKAS PRADHIKARAN AND ANR
AHSAN AND ORS
CORAM: HON'BLE MR. JUSTICE
Present:
SUVIR SEHGAL
1.
17.08.2022 whereby defence of the petitioners
2.
injunction possession of the plaintiff served. He submits that due to the default of the counsel, who never communicated the developments, vide the impugned order and they were statement as well as reply to stay application. made by him to the affidavit 2025
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARYANA SAHARI VIKAS PRADHIKARAN AND ANR
VS.
AHSAN AND ORS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Mr. Amit Jaiswal, Advocate for the petitioners.
None for respondent No.1.
**** SUVIR SEHGAL, J. (ORAL) Instant revision petition has been filed 17.08.2022 passed by the learned Civil Judge (Junior Division), defence of the petitioners/defendants Counsel for the petitioners injunction restraining the defendants from interfering possession of the plaintiff, has been instituted, wherein served. He submits that due to the default of the counsel, who never communicated the developments, defence of the p vide the impugned order and they were statement as well as reply to stay application. by him to the affidavit dated 08.05.2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-543-2025 Date of decision:13.05.2025 HARYANA SAHARI VIKAS PRADHIKARAN AND ANR
...PETITIONERS
...RESPONDENTS SUVIR SEHGAL
has been filed assailing order dated learned Civil Judge (Junior Division), Panipat /defendants, has been struck off. submits that a suit for permanent restraining the defendants from interfering in the peaceful has been instituted, wherein the petitioners were served. He submits that due to the default of the counsel, who never defence of the petitioners was struck off vide the impugned order and they were estopped from filing the written statement as well as reply to stay application. A reference has also been dated 08.05.2025 of Sh. Vikas Dhanda, Estate .2025
S
order dated Panipat, permanent in the peaceful were served. He submits that due to the default of the counsel, who never struck off om filing the written A reference has also been Vikas Dhanda, Estate Sheetal 2025.05.16 17:44 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh
CR-543-2025
Officer, HSVP, that a warning has been issued to the counsel
3. is no appearance
4. submission. 5. grant of repeated opportunities as well as statement which the petitioners’ claim was acquired and an award Act, 1894, to the petitioners may result in
6. 17.08.2022 opportunity to before 15.06 the Punjab and Haryana High Court Employees Welfare Association, Account No.37167209613, India, High Court Branch, Chandigarh
7. opportunity. 13.05.2025 sheetal
2025
-2- HSVP, Panipat, which is taken on record a warning has been issued to the counsel Although, respondent No.1/plaintiff is no appearance on his behalf. I have heard counsel for the submission. It cannot be disputed that the petitioners grant of repeated opportunities as well as etc., has not been filed. However, which the petitioners’ claim was acquired an award was passed granting compensation under the Land Act, 1894, this Court is of the view that opportunity deserves to be granted to the petitioners to file their response. Failure to grant result in misappropriation of government property. Accordingly, revision petition is allowed. Impugned order 17.08.2022, Annexure P-1, is set aside. opportunity to file written statement and reply to stay application
15.06.2025. This will be subject to deposit of cost of Rs. Punjab and Haryana High Court Employees Welfare Association, Account No.37167209613, IFSC Code:- India, High Court Branch, Chandigarh. Deposit of cost shall be a condition precedent opportunity. .2025
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
Panipat, which is taken on record, wherein he has deposed a warning has been issued to the counsel for his lapse. /plaintiff has been served, but there I have heard counsel for the petitioner and considered his that the petitioners are at fault and despite grant of repeated opportunities as well as imposition of cost, written owever, as dispute pertains to land, which the petitioners’ claim was acquired for purpose of Health Dispensary was passed granting compensation under the Land Acquisition that opportunity deserves to be granted Failure to grant such an opportunity government property. tion is allowed. Impugned order dated set aside.
Petitioners are granted and reply to stay application on or subject to deposit of cost of Rs.10,000/- with Punjab and Haryana High Court Employees Welfare Association, -SBIN0050306 with State Bank of Deposit of cost shall be a condition precedent to the grant of (SUVIR SEHGAL)
JUDGE Yes/No Yes/No , wherein he has deposed has been served, but there petitioner and considered his at fault and despite imposition of cost, written land, for purpose of Health Dispensary Acquisition that opportunity deserves to be granted such an opportunity dated an on or with Punjab and Haryana High Court Employees Welfare Association, State Bank of to the grant of Sheetal 2025.05.16 17:44 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh