R.S.A. No. 1052 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 1052 of 2011 (O&M) Date of Decision: March 8, 2011 Subhash Chand and others …..Petitioners Vs. Municipal Council, Palwal …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.M.L. Saini, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) The Courts below have dismissed the suit for permanent injunction filed by the plaintiff- appellants challenging the valuation of the suit property situated in Municipal Council, Palwal. The Courts below have held under issue No.3 that the civil Court do not have jurisdiction to try the claim of the plaintiff-appellants. During the course of arguments, counsel for the appellants submitted that there has been violation of provisions of Section 78 of the R.S.A. No. 1052 of 2011 (O&M) [2] Haryana Municipal Act as no opportunity was provided to the appellants before issuing demand notice. The said plea could have been taken by the plaintiff- appellants in the statutory appeal which is maintainable under Section 99 of the said Act. Counsel for the appellants submits that the plaintiffs may be given liberty to avail the alternative remedy in accordance with law. Heard. It is always open to the plaintiff- appellants to avail the statutory legal remedy available to them in accordance with law. It is observed that in case the plaintiff- appellants avails the statutory alternative remedy available to them, the same would be decided on merits irrespective of the dismissal of the suit of the plaintiff- appellants by the Courts below, in accordance with law. Disposed of. March 8, 2011 (M.M.S.BEDI) sanjay JUDGE