IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 3849 of 2010 DATE OF DECISION : 29.11.2011 Umesh Kumar Gera .... PETITIONER Versus Haryana Urban Development Authority, Panchkula and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Sanjiv Bansal, Advocate, for the petitioner. Mr. Arun Walia, Advocate, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) In the instant writ petition, the petitioner has challenged the order dated 15.7.2002 (Annexure P-2), whereby SCF No. 30, Sector 4, Gurgaon, allotted to him was ordered to be resumed and 10% amount was ordered to be forfeited. Without challenging the said order in appeal, the petitioner filed a complaint before the District Consumer Forum, which was withdrawn in the year 2008 and thereafter, the present writ petition was filed on the ground that in appeal, the similar order of resumption was set aside by the Administrator, Haryana Urban Development Authority, CWP No. 3849 of 2010 -2- Gurgaon, on payment of penal interest and all due amounts. In the written statement, it has been disclosed that even before filing the present petition, in the year 2002, on an application filed by the petitioner himself, the amount deposited by him was refunded to him by the HUDA. In view of the aforesaid facts, particularly that the petitioner himself has got refunded the amount deposited by him, he cannot challenge the order of resumption, without availing the alternative remedy. Therefore, the instant petition stands dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 29, 2011 ( PARAMJEET SINGH ) ndj JUDGE