Civil Writ Petition No.18838 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18838 of 2010 Date of Order: 09.08.2011 Pawan Bhatia and others ...Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr. Naveen S. Bharadwaj, Advocate for the petitioners Ms. Shruti Jain, AAG, Haryana for respondents no.1 and 2 Mr. Tushant Deep Garg, Advocate for Mr. Sanjiv Bansal, Advocate for respondents no.3 to 5 Mr. Arun Monga, Advocate for respondent no.6. RAJIVE BHALLA, J (Oral) This order shall dispose of Civil Writ Petition Nos.18838, 21236 of 2010 and COCP No.498 of 2011, as they involve adjudication of identical questions of law and fact. For the sake of convenience, facts are being taken from CWP No.18838 of 2010. Prayer in this petition is for issuance of a writ, order or direction to set aside memo no. LC-2440-DS(R)-2010/13353 Civil Writ Petition No.18838 of 2010 -2- dated 06.10.2010 (Annexure P-1), rejecting the petitioner's application for grant of a license and for setting aside the public notice dated 04.10.2010 (Annexure P-6). The petitioners also pray for issuance of a writ in the nature of mandamus to direct the respondents to grant a license to the petitioners. Counsel for the State of Haryana submits, on instructions, that memo no. memo no.LC-2440-DS(R)- 2010/13353 dated 06.10.2010, Annexure P-1 and the public notice dated 04.10.2010, Annexure P-6, stand withdrawn. It is further submitted that the petitioner's case for grant of a license shall be considered irrespective of the situs of the land and in accordance with law obtaining on the date of the petitioner's application. Counsel for the private respondents have not raised any objection to the statement made by counsel for the State of Haryana. Counsel for the petitioners states that in view of the statement made by counsel for the State of Haryana, he does not press the petition but prays that respondent no.2 should be directed to decide the matter within a fixed period of time and in case, the matter is decided against the petitioner, a week's time may be granted to the petitioners to file an appeal. In view of the statement made by counsel for respondents no.1 and 2, and the statement made by counsel for the petitioners, the present petition has been rendered Civil Writ Petition No.18838 of 2010 -3- infructuous and is disposed of accordingly with a direction to the the Director, Town and Country Planning, Haryana, to decide the petitioners' application for grant of a license irrespective of the sector in which the land falls, in accordance with law obtaining on the date of the application and within 15 days from receipt of a certified copy of this order. In case, the application is decided against the petitioner, and a license is granted to any other party, the license so granted, shall remain in abeyance, for a week so as to enable the petitioners to file an appeal. The order dated 04.10.2010 (Annexure P-6) is consequently set aside. No order as to costs. August 09, 2011 (RAJIVE BHALLA) nt JUDGE