IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 12791 OF 2007 DATE OF DECISION : September 22, 2009. Parties Name J.P.Gupta ...PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Raj Kumar Gupta, Advocate, for the petitioner. Mr. Sanjeev Kaushik, Addl. A.G., Haryana, for respondents No. 1 to 3. Mr. Aman Chaudhary, Advocate, for respondents No. 4 and 5. JASBIR SINGH, J. (oral) ORDER: By filing this writ petition, the petitioner has challenged the resumption order of the plot bearing No. 793, Industrial Estate, Rai. On March 18, 2009, following order was passed by this Court: “Heard learned counsel for the parties for some time. It appears that the petitioner could not raise the construction and make the industrial unit functional firstly for the reason that the possession of the originally allotted plot could not be delivered. Thereafter, according to the petitioner, his brother Subhash Gupta unfortunately expired due to cancer on 9.7.2003 leaving CIVIL WRIT PETITION NO. 12791 OF 2007 -2- behind four daughters , out of whom three are deaf and dumb. The entire family responsibility having come on the petitioner's shoulders that he could not start the construction. Having regard to the mitigating circumstances explained above and subject to verification thereof, let learned counsel for the respondents seek instructions as to whether six months more time can be granted to the petitioner for completion of construction, subject to payment of the current price of the plot along with penalty, if any.” On the last date of hearing, Shri R.S.Dadwal, Advocate, who had put in appearance on behalf of the respondent No. 2, informed this Court that case for grant of extension for construction, on the plot in dispute, is under consideration. The Court ordered that in view of order passed on March 18, 2009, the respondent should consider case of the petitioner sympathetically. Shri Aman Chaudhary has put on record copy of the noting sheet, wherein it is mentioned that after concurrence of the competent authority, it has been decided that the plot be restored to the petitioner subject to a condition that the construction shall be completed within six months. As per order of the High Court, the petitioner shall pay current price of the plot, subject to adjustment of payments, already made towards original price of the plot. Other terms and conditions as per E&P- 2005 shall remain applicable to the parties. In view of order passed, copy of which has been placed on record, this writ petition has become infructuous. The petitioner may, if not satisfied, challenge the order, mentioned above, otherwise he may get CIVIL WRIT PETITION NO. 12791 OF 2007 3- possession of the plot and raise construction, as has been stipulated in the order, copy of which has been put on record today. Disposed of. ( Jasbir Singh ) Judge September 22, 2009. DKC