C.W.P.No.18005 of 2007 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.W.P.No.18005 of 2007 Date of decision: 17.11.2011 Udyog Vihar Industries Association ..Petitioner Versus State of Haryana and others ..Respondents Coram: Hon’ble Mr. Justice M.M.Kumar Hon'ble Mr. Justice Rajiv Narain Raina Present: Mr. R.S.Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. H.S.Hooda, Advocate General, Haryana with Mr. Kamal Sehgal, Addl. A.G. Haryana for respondent Nos.1 and 2 Mr. Arun Walia, Advocate for respondent Nos.3 and 4 .. 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the digest? M.M.Kumar,J. The prayer made in this petition is for quashing of order dated 15.6.2007 (P7) passed by the Financial Commissioner and Principal Secretary to Government, Haryana, Industries Department on the ground that the order is cryptic, irrational, illegal and passed without going into the merits of the case. A further prayer for restraining the respondents from demanding external development charges has also been made and a direction has been sought to appropriate from the already surplus amount available with the Haryana State Industrial Development Corporation (for C.W.P.No.18005 of 2007 2 short, 'the HSIDC') who fulfilled the demand raised by the Haryana Urban Development Authority (for short, 'HUDA”). Written statement havs been filed by respondent Nos.1,2 and 3. Respondent No.4 has also filed a separate written statement. The original record was summoned which has been perused by the counsel for the petitioner as well. However, Mr. H.S. Hooda, learned Advocate General, Haryana appearing for the respondent-State states that any demand, which has been raised by the HSIDC stand withdrawn and the subsequent orders concerning the aforesaid demand shall also stand withdrawn including impugned order dated 15.6.2007 (P-7). Mr. Hooda, learned Advocate General, Haryana further states that there shall be fresh determination of various issues including the issue whether at the first place, there could be any demand for external development charges from the petitioner. The whole record as well as the arguments raised in the instant petition and reply, (including the issue whether the stand taken before the Hon'ble Supreme Court as per the assertion of the petitioner was in accordance with the record or not) shall be considered afresh by the Financial Commissioner and Principal Secretary to Government, Haryana, Industries Department-respondent No.1, in accordance with law. In view of the statement made by Mr. Hooda, learned Advocate General,Haryana, the instant petition has become infrucutous and is disposed of as such. Accordingly, we direct that Financial Commissioner and Principal Secretary to Government, Haryana, Industries Department shall now pass a fresh order in accordance with law after hearing both the parties. In case, the fresh order passed by the Financial Commissioner and Principal Secretary to Government, Haryana, Industries Department is C.W.P.No.18005 of 2007 3 adverse to the petitioner, then the same shall not be implemented for a period of two weeks. (M.M.KUMAR) JUDGE (RAJIV NARAIN RAINA) JUDGE November 17,2011 nk