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High Court of Punjab and Haryana · body

2025 DAILYLAW 50700 (PNJ)

M/S AMBIENCE FARMS PVT. LTD. v. AJIT BALAJI JOSHI IAS

COCP/1558/2023 · 2025-09-10

Nidhi Gupta

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 206 M/s Ambience Farms Pvt. Ltd. Ajit Balaji Joshi, IAS, Chief Administrator, Haryana Shehri Vikas Pradhikaran, HSVP CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings against the respondent for not complying the order dated 09.11.2009 (Annexure P CWP-17100 of 2009 titled as “M/s Ambience Farms Pvt. Ltd. vs. The State of Haryana and others” vide which while issuing notice of motion, the parties were directed to maintain status quo qua possession in respect of 2.25 acres of land falling in Kila Nos.560 a present contempt petition may be disposed of at this stage in view of the fact that auction proposed by the respondent has failed and as of now the respondent is not creating any thir in Kila Nos.560 and 565. COCP-1558-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1558 of 2023 (O & M) Date of decision : M/s Ambience Farms Pvt. Ltd. Versus Balaji Joshi, IAS, Chief Administrator, Haryana Shehri Vikas Pradhikaran, HSVP CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. R. Kartikeya, Advocate for the petitioner. Mr. Deepak Sabherwal, Advocate with Ms. Ruchika Sabherwal, Advocate for the respondent. NIDHI GUPTA J. (Oral) Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying the order dated 09.11.2009 (Annexure P-1) passed by a co-ordinate Bench of this Court in 17100 of 2009 titled as “M/s Ambience Farms Pvt. Ltd. vs. The State of Haryana and others” vide which while issuing notice of motion, the parties were directed to maintain status quo qua possession in respect of 2.25 acres of land falling in Kila Nos.560 and 565. It is submitted by learned counsel for the petitioner that the present contempt petition may be disposed of at this stage in view of the fact that auction proposed by the respondent has failed and as of now the respondent is not creating any third party rights in the suit property falling in Kila Nos.560 and 565. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1558 of 2023 (O & M) Date of decision :-10.09.2025 …..Petitioner Balaji Joshi, IAS, Chief Administrator, Haryana Shehri Vikas …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Deepak Sabherwal, Advocate with Advocate for the respondent. Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying the order dated ordinate Bench of this Court in 17100 of 2009 titled as “M/s Ambience Farms Pvt. Ltd. vs. The State of Haryana and others” vide which while issuing notice of motion, the parties were directed to maintain status quo qua possession in respect of nd 565. It is submitted by learned counsel for the petitioner that the present contempt petition may be disposed of at this stage in view of the fact that auction proposed by the respondent has failed and as of now the d party rights in the suit property falling VIJAY ASIJA 2025.09.12 18.46 I attest to the accuracy and integrity of this document submissions of learned counsel for the petitioner and submits that first and foremost no contempt is maintainable against a submitted that even prior to passing of the status quo order the possession was already taken by the respondent vide Rapat Roznamcha No.93 dated 30.9.2009. It is further pointed out that the respondent was not a party to the writ petition. It is further submitted that in case of Authority vs. Manohar Lal and others AIR 2020 SC 1496 Constitution Bench of the Hon’ble Supreme Court of India has held that once a Rapat Roznamcha is entered in favou physical possession having been taken over by the said party free from all incumbrances. submissions made by learned counsel for the respondent and submits that violation of t by the respondent in the year 2023 and therefore, the contempt petition has been filed in the year 2023. respondent September Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-1558-2023 (O & M) Learned counsel for the respondent controverts the above said submissions of learned counsel for the petitioner and submits that first and foremost no contempt is maintainable against a submitted that even prior to passing of the status quo order the possession was already taken by the respondent vide Rapat Roznamcha No.93 dated 30.9.2009. It is further pointed out that the respondent was not a party to e writ petition. It is further submitted that in case of Authority vs. Manohar Lal and others AIR 2020 SC 1496 Constitution Bench of the Hon’ble Supreme Court of India has held that once a Rapat Roznamcha is entered in favou physical possession having been taken over by the said party free from all incumbrances. Learned counsel for the petitioner controverts the submissions made by learned counsel for the respondent and submits that violation of the order dated 09.11.2009 (Annexure P by the respondent in the year 2023 and therefore, the contempt petition has been filed in the year 2023. Heard. In view of the submission made by learned counsel for the respondent, the present petition is dismissed. Rule stands discharged. Pending application(s), if any, shall stands disposed of. September 10, 2025 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 Learned counsel for the respondent controverts the above said submissions of learned counsel for the petitioner and submits that first and foremost no contempt is maintainable against an order of 2009. It is further submitted that even prior to passing of the status quo order the possession was already taken by the respondent vide Rapat Roznamcha No.93 dated 30.9.2009. It is further pointed out that the respondent was not a party to e writ petition. It is further submitted that in case of Indore Development Authority vs. Manohar Lal and others AIR 2020 SC 1496 wherein the Constitution Bench of the Hon’ble Supreme Court of India has held that once a Rapat Roznamcha is entered in favour of a party, it amounts to physical possession having been taken over by the said party free from all Learned counsel for the petitioner controverts the submissions made by learned counsel for the respondent and submits that he order dated 09.11.2009 (Annexure P-1) has been committed by the respondent in the year 2023 and therefore, the contempt petition has made by learned counsel for the . Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.09.12 18.46 I attest to the accuracy and integrity of this document