The Mahalaxmi Cooperative Group Housing Society Ltd v. State Of Haryana And Others

The Mahalaxmi Cooperative Group Housing Society Ltd v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CWP-6506-2022 | 30-03-2022

G.S. SANDHAWALIA, J.

1. The challenge in the present writ petition is to the communication dated 09.06.2021 (Annexure P-37), issued by respondent No.3 to respondent No.4 - Sub Registrar, Co-operative Society, Gurugram, wherein direction has been issued not to process any request of sale and purchase in respect of petitionerSociety without obtaining ‘No dues certificate’ from HSVP on account of outstanding amount of `5,20,71,393.60 (Annexure P-37).

2. Counsel has submitted that as per the latest Allottee Account Statement (Annexure P-43), there is a credit of `26,85,475.00/- and therefore, the said communication is not justified.

3. Admittedly, the account statement has been issued after the impugned communication. Nothing has been placed on record to show that the petitioner-Society has represented to respondent No.2 regarding the fact that it has the credit balance.

4. In such circumstances, it is always open to the petitioner-Society to approach the respondent Nos.2 and 3 for redressal of its grievance by filing an appropriate representation to show that any claim made by the said respondent was not justified.

5. It is settled principle that in the absence of any representation, a writ of mandamus is not maintainable.

6. Faced with this situation, counsel for the petitioner-Society submits that he may be given liberty to approach respondent Nos.2 and 3 for redressal of its grievance by filing an appropriate representation and by raising all the issues which it feels that need to be redressed by said respondents.

7. Needless to say that any such representation would be acted upon by the said respondents.

8. In view of above, present petition is disposed off with the aforesaid liberty.

Advocate List
Bench
  • HON'BLE MR. JUSTICE G.S. SANDHAWALIA
  • HON'BLE MR. JUSTICE VIKAS SURI
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/5006
Head Note

A. Constitution of India — Arts. 226 and 21 — Mandamus — Maintainability — No representation made — Liberty granted to petitioner to approach respondents for redressal of its grievance by filing an appropriate representation — Petition disposed of with liberty — Administrative Law — Mandamus — Mandamus, when not maintainable — Representation not made