M/S MILAP FOUNDRY AND ENGINEERING WORKS v. STATE OF PUNJAB AND ANOTHER
CWP/10698/2025 · 2025-05-20
Alok Jain, Sudhir Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45506 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45506 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-10698-2025 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-10698-2025 (O&M) Date of decision: 20.05.2025
M/s Milap Foundry and Engineering, Amritsar
....Petitioner Versus The State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON’BLE MR. JUSTICE ALOK JAIN
Present: Ms. Rupinder Kaur. Thind, Advocate,
for the applicant-petitioner.
*** SUDHIR SINGH (ORAL) CM-7821-CWP-2025
The instant application under Order 1 Rule 10 CPC read with Section 151 CPC has been filed for impleading the Chairman, Improvement Trust and Town Planner, Improvement Trust, Amritsar, as party respondents.
For the reasons mentioned in the application, same is allowed and the Chairman, Improvement Trust, Amritsar and Town Planner, Improvement Trust, Amritsar, are impleaded as respondent Nos. 3 and 4 in this petition.
Amended memo of parties is taken on record.
AJAY PRASHER 2025.05.26 14:59 I attest to the accuracy and integrity of this document
CWP-10698-2025 (O&M)
-2- CWP-10698-2025 (O&M)
By way of the present writ petition, the petitioner has sought issuance of an appropriate writ in the nature of Certiorari for quashing Clause 4 (a) of the Notification dated 15.12.2016 (Annexure P-6) issued by respondent No.1, whereby grant of exemption to the properties has been made subject to deposit of exemption charges, development charges etc. Further prayer has been made for quashing the demand notices dated 24.11.2012, 15.09.2017, 18.04.2019, 29.05.2020 and 16.10.2023 (Annexures P-10 to P-14 respectively), issued by respondent No.2, whereby the petitioner has been asked to deposit the exemption charges.
2.
Learned counsel for the petitioner submits that the petitioner has already served a legal notice dated 26.09.2024 (Annexure P-16) to the competent authority, but no action has been taken thereon till date. He further submits that the petitioner would be satisfied, if the respondent authorities are
directed to deal with its concerns/grievances and pass appropriate order on the said legal notice.
3.
Served with the advance copy of the petition, Mr. Kuljit Singh, Addl. A.G., Punjab, appears on behalf of the respondent-State and Mr. Abhilaksh Gaind, Advocate along with Mr. Rakesh Roy, Advocate, appears on behalf of respondent Nos. 2 to 4. Learned counsel for respondent Nos. 2 to 4 submits that the said legal notice shall be considered AJAY PRASHER 2025.05.26 14:59 I attest to the accuracy and integrity of this document
CWP-10698-2025 (O&M)
-3- and decided by the competent authority, in accordance with law.
4.
Without commenting on merits of the case, the present petition is disposed of with a direction to respondent No.3-Chairman, Improvement Trust, Amritsar (competent authority) to look into the legal notice dated 26.09.2024 (Annexures P-16) and pass an appropriate reasoned order thereon, in accordance with law, preferably within a period of eight weeks from the date of receipt of copy/production of this
order.
5.
Pending application(s), if any, shall also stand
disposed of.
(SUDHIR SINGH) JUDGE
(ALOK JAIN) JUDGE 20.05.2025 Ajay Prasher
Whether speaking/reasoned : Yes/No Whether reportable
: Yes/No AJAY PRASHER 2025.05.26 14:59 I attest to the accuracy and integrity of this document