ESTATE OFFICER HUDA AND ORS. Vs. JAI CHAND

JUDGEMENT

(1.) THE Estate Officer and Chief Administrator of petitioner No. 3 Haryana Urban Development Authority, have preferred the present revision petition under Article 227 of the Constitution of India challenging the order dated January 31, 2015, annexure P -4 and order dated March 7, 2015, annexure P -5 passed in execution proceedings filed by Jai Chand, respondent in case Jai Chand Vs. EO HUDA and others, pending before Civil Judge (Senior Division), Kaithal.

(2.) BRIEF facts relevant for decision of the present revision petition are that respondent -plaintiff had filed a suit for mandatory injunction claiming allotment of 250 sq. yards plot at a claimed price on the basis of oustee policy of HUDA dated March 18, 1992. Suit of the plaintiff -respondent was decreed by the trial Court vide judgment and decree dated March 13, 2008. The appeal preferred by the defendant -petitioners was dismissed by the first Appellate Court vide judgment dated April 1, 2009. RSA No. 2793 of 2009 was disposed of in limine vide order dated September 6, 2012 in terms of Division Bench judgment in LPA No. 2096 of 2011 decided on April 25, 2012 in case HUDA and others Vs. Sandeep and others. The portion relied upon by the petitioners to seek support from the order in RSA No. 2793 of 2009 reads as follows: -

(3.) I have carefully considered the contentions of learned counsel for the petitioners. The revision petition has been filed on two grounds (i) the decree dated March 13, 2008 upheld by the first Appellate Court is not executable in view of a subsequent LPA decided on April 25, 2012 in Sandeep Kumar's case (supra) and (ii) that the executing Court has acted illegally in adopting coercive means by directing that in case the judgment debtors fail to allot the plot to the decree holder, the Chief Administrator, HUDA, Panchkula shall appear in person to explain the reasons for noncompliance of the decree under execution. I have also carefully gone through the facts and circumstances of this case.