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2025 DAILYLAW 84643 (PNJ)

M/S K B HOTELS PVT LTD v. THE ESTATE OFFICER

CWP/21722/2025 · 2025-07-30

Jasgurpreet Singh Puri

body2025

Judgment text

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CWP-21722-2025 -1- 107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21722-2025 Date of decision: 30.07.2025 M/S K. B. HOTELS PVT. LTD. ...Petitioner(s) VERSUS THE ESTATE OFFICER ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. B. B. Bagga, Advocate for the petitioner. Mr. J. S. Chandail, Addl. Standing Counsel for the respondent. **** JASGURPREET SINGH PURI, J. (Oral) 1. The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondent to execute lease deed on the stamp duty as payable on 11.05.2016 in respect of SCO No.465-466, Sector 35-C, Chandigarh. 2. Learned counsel for the petitioner submitted that the petitioner had submitted a lease deed before the U.T. Administration in the year 2016 but neither the same has been registered nor any objection was received by the petitioner and the U.T. Administration is now wanting the stamp duty at the current prevailing rates rather than the rates applicable in the year 2016 and therefore, acute prejudice is caused to the petitioner. He further submitted that a legal notice was served upon the respondent vide Annexure P-17 dated CHETAN THAKUR 2025.08.02 15:14 I attest to the accuracy and authenticity of this order/judgment. CWP-21722-2025 -2- 04.07.2025 in this regard but neither the same has been considered and decided nor any reply has been given by the U.T. Administration. He also submitted that he limits his prayer in the present petition, at this stage, only to the extent that the aforesaid legal notice (Annexure P-17) may be considered and decided in accordance with law by passing an appropriate order. 3. At this stage, Mr. J. S. Chandail, Addl. Standing Counsel for the U.T., Chandigarh submitted that in view of the aforesaid limited prayer made by the learned counsel for the petitioner for considering and deciding the aforesaid legal notice (Annexure P-17) by passing an appropriate order in accordance with law, he has no objection to the same and the aforesaid legal notice will be considered and decided by the competent authority in accordance with law, within a period of two months from today. 4. After hearing the learned counsels for the parties and in view of the aforesaid limited prayer made by the learned counsel for the petitioner and the statement made by the learned counsel for the respondent, the present petition is disposed of with a direction to the competent authority to consider and decide the legal notice dated 04.07.2025 (Annexure P-17) strictly in accordance with law, within a period of two months from today and after affording adequate opportunity of hearing to the petitioner or his counsel. A copy of the decision so taken shall be supplied to the petitioner. (JASGURPREET SINGH PURI) 30.07.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.08.02 15:14 I attest to the accuracy and authenticity of this order/judgment.