Civil Writ Petition No. 8430 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 8430 of 2008 Date of Decision: 7.12.2009 Sushil Kumar Gupta and Another …Petitioners Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Karan Bhardwaj, Advocate for the petitioners. Mr. Sunil Nehra, Sr. DAG Haryana for respondents No.1 to 4. Mr. Raman B. Garg, Advocate for respondent No.5. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioners have filed the present writ petition in the nature of mandamus with prayer that direction be issued to respondent to act in consonance with resolution No. 10 dated 3.10.2000 unanimously passed by the Municipal Council, Jagadhari, wherein it was resolved to sell the land to the petitioners at the rate of Rs.4,000/- per square yard. The stand taken by the respondents is that resolution passed by the Municipal Council was without the previous sanction of the State Government, therefore, it has got no sanctity. On 3.9.2009, a Single Judge of this Court had passed the following order:- Civil Writ Petition No. 8430 of 2008 2 “Counsel for the petitioners states that without prejudice to their rights, petitioners are ready to deposit the amount towards price of the plot, in dispute, at the rate of Rs.7700/- per Sq. yard, as suggested in the written statement. Counsel for the petitioners states that he is offering this higher price only with a view to save his old possession, which commences in the year 1974. State counsel is directed to get instructions from office of the Principal Secretary, Department of Urban Local Government, as to why offer made by the petitioners be not accepted. A responsible officer from the office of Principal Secretary, mentioned above, is directed to come present in Court, to render assistance, on the next date of hearing. On request, adjourned to September 8, 2009. Copy of the order be given to the State counsel under signatures of the Reader”. In response to the order passed on 3.9.2009, Mr. Sunil Nehra, Senior Deputy Advocate General, Haryana, on instructions from Dharamvir, Assistant, from the office of Financial Commissioner, Urban Local Bodies, Haryana, has stated that the matter is pending for consideration before the competent authority and the competent authority is likely to take a final decision. It is submitted that in the present case, competent authority is Chief Minister/Council of Ministers. Civil Writ Petition No. 8430 of 2008 3 Mr. Nehra has stated that the decision is likely to be taken by the competent authority within four months from today. In view of the statement made by State counsel, present writ petition is disposed of with the direction that competent authority shall take the decision within four months from today. In case, the competent authority take a decision in favour of the petitioners, matter will stand resolved. If the competent authority opine otherwise, petitioners will be at liberty to assail the order of competent authority by raising all the pleas available to them including which have been raised in the present writ petition. With the observations made above, the present writ petition is disposed of. Copy of this order be provided to Mr. Nehra under the signatures of Reader of this Court. (Kanwaljit Singh Ahluwalia) Judge December 7, 2009 “DK”