IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(215)

CM No.8854 of 2013 in/and CWP No.11323 of 2013

Date of decision: 10.06.2013.

Lala Khushi Ram Gupta Charitable Society ......Petitioner

Versus

Union of India and others .......Respondents

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

Present:

Mr. Rajiv Atma Ram, Sr. Advocate with
Mr. Saurab Arora, Advocate for the petitioner.

Mr. Naveen R. Nath, Advocate and Ms. Alka Sarin, Advocate for applicant-respondents No.2 and 3.

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PARAMJEET SINGH, J. (ORAL).

Learned counsel for the parties are ad-idem that instead of deciding the application, main case be preponed and taken up for hearing today itself. Learned Senior counsel for the petitioners submitted that though notice of motion has already been issued to the respondents in the main case for 24.07.2013, however, in view of the order that is going to be passed, presence of respondents No.1, 4 and 5 be dispensed with being not necessary at this stage. Ordered accordingly. The main case is taken up for final hearing.

Reply to the application as well as the replication to the written statement filed on behalf of applicant-respondent No.2, are taken on record.

The instant writ petition has been filed for quashing the order dated 06.05.2013 (Annexure P15). Learned counsel appearing for respondent No.3 has submitted that he has no objection to quashing the said order and the petitioner shall be afforded adequate opportunity of hearing, thereafter, a fresh order will be passed in accordance with the provisions of the Architects Act, 1972.

In view of the concession given by the counsel for respondent Nos.2 and 3, order dated 06.05.2013 is hereby quashed. Respondent No.3 or any other competent authority will be at liberty to pass fresh speaking order after affording adequate opportunity to the petitioner. If any adverse order affecting the rights of the petitioner is passed then the petitioner will be at liberty to challenge such order by 04.07.2013 or within a week of passing of the said order, whichever is later, and the order shall remain in abeyance till then.

Disposed of in above terms.

(PARAMJEET SINGH) JUDGE

June 10, 2013

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