C.W.P NO. 8837 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 8837 OF 2009 DECIDED ON : 30.05.2009 Raj Kumar and others ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sanjeev Kodan, Advocate, for the petitioners. SURYA KANT, J. (ORAL) Notice of motion. Ms. Kamla Malik, Advocate, accepts notice onbehalf of the respondents. In view of the nature of order which I propose to pass, there is no necessity to seek any counter-affidavit from the respondents. The petitioners are aggrieved at the in-action of respondent No.3 who has failed to take any decision in respect of their liability to pay the non-construction charges/extension fee even when they are stated to have not been handing over the possession of the petitioners. The petitioners are allottees of Plots No.88, 81, 12, 11 and 13 in the new grain market at Kalanaur, District Rohtak. These plots were allotted to them in the year C.W.P NO. 8837 OF 2009 -2- 2001. Subsequently, the allotments were cancelled and the plots were resumed due to non-dep osit of instalments. The petitioners preferred appeal(s) which were allowed by the Chief Administrator of the Marketing Board vide order dated 19.09.2008 and the matter was remanded to the Marketing Committee, Rohtak to reconsider the petitioners' case in the light of a policy decision. The petitioners' grievance is that more than eight months have expired, however, no decision has been taken by respondent No.3 and as a result thereto, their liability to pay the non-construction charges/extension fee is increasing. Having heard learned counsel for the parties and considering the nature of relief sought in this writ petition but without expressing any views on merits thereof, this writ petition is disposed of with a direction to the Executive Officer, Marketing Committee, Rohtak to take a final decision in the light of the order dated 19.09.2008 passed by the Chief Administrator, Haryana State Agricultural Marketing Board and dispose of the petitioners' claim within a period of three months from the date of receipt of certified copy of this order. The Executive Officer shall also keep in view the judicial precedents relied upon by the petitioners, copies of which have been supplied by them. MAY 30, 2009 (SURYA KANT) shalini JUDGE