IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 1813 of 2009 Decided on : 26-02-2009 Krishana Malik ....Petitioner VERSUS Secretary to Government of Haryana and others ....Respondents CORAM:-HON'BLE MR. JUSTICE AJAI LAMBA. Present:- Mr. Gaurav Mohunta, Advocate for the petitioner. Mr. Sunil Nehra, Assistant Advocate General, Haryana. Mr. Jagdish Manchanda, Advocate for respondent No.3. AJAI LAMBA, J When the matter was taken up on 04.02.2009, the following order was passed:- “ In this civil writ petition filed under Article 226/227 of the Constitution of India, prayer is for a direction to the respondents to take final decision on representation dated 29.12.2008 (Annexure P-6). It has been brought out that under the orders of Division Bench of this Court, placed on record as Annexure P-3 passed in Civil Writ Petition No.11847 of 2002, decided on 9.2.2006, respondent No.3 was required to deposit 'commensurate amount at the Collector rate within a period of two months”, whereupon the Municipal Council was required to take conscious and cautious decision in the transfer of title in favour of respondent No.3. The matter was thereafter to be C.W.P.No. 1813 of 2009 -2- forwarded to the Government to take a conscious and cautious decision for granting sanction to the transfer of the title. Learned counsel has pointed out that the respondents in total disregard to the contents and implications of the order, made a deposit of only Rs.4 lac whereas, as per the Collector rate, the amount would come to Rs.1,92,00,000/- for land measuring 8 kanal. Counsel for the petitioner has further stated that because the action of respondent No.3 was not in consonance with the order, the sum of Rs.4 lac was refunded. Learned counsel states that the petitioner is aggrieved because respondent No.3 does not have any title to the land and yet he continues to be in possession. Representation has been made vide Annexure P-6 to the Deputy commissioner, Sonepat, however, no action thereon has been taken till date. Issue notice of motion for 26.2.2009. In the meantime, the Deputy Commissioner, Sonepat, is directed to take a decision on the representation and place it before this Court along with his affidavit in regard to the proposed action to be taken against respondent No.3. Needful be done within three days before the next date of hearing. Mr., Sunil Nehra, Assistant Advocate General, Haryana, on the asking of the Court accepts notice on behalf of respondent Nos.1 to 2. C.W.P.No. 1813 of 2009 -3- Respondent No.3 be served through the Deputy commissioner, Sonepat.” Learned counsel for the respondent has filed affidavit of Shri Ajit Balaji Joshi, IAS, Deputy Commissioner, Sonepat, in the Court today and the same is taken on record. From the affidavit, it transpires that a letter has been addressed to Secretary, Department of Local Bodies, Haryana, to order an inquiry in the context of actions of the respondents. On the other account, execution application has already been filed and therefore, the prayer made on behalf of the petitioner has already been addressed. In view of the stand of the respondents, this petition is disposed of as having been rendered infructuous. 26th February, 2009. (Ajai Lamba) Monika Judge