Pawan Kumar v. Pankaj Aggarwal

COCP No. 1383 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 1383 of 2013 Date of decision : 24.07.2017 Pawan Kumar ....Petitioner V/s Pankaj Aggarwal ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Rajesh Sharma, Advocate Mr. Harkesh Manuja, Advocate for the petitioner. Mr. Rohit Arya, Asst. A.G. Haryana.

RAJAN GUPTA J.

Pusuant to order dated May 05, 2017, Deputy Commissioner, Sonepat is present in court. He tendered an unconditional apology for the delay in responding. Apology is accepted. A note of caution is, however, added that District Authorities need to be aware of their constitutional obligation to comply with the order passed by this court forthwith. This would obviate the necessity of a citizen having to invoke the contempt jurisdiction of this court. It appears that despite clear orders passed by writ court, time and again aggrieved persons have to approach this court by way of contempt petitions. As regards merit of the case, State counsel submits that encroachment existing on the 'rasta' in question has been removed. Certain other encroachments are also there regarding which proceedings are pending before the authority under the Villages Common Lands Act. He submits that same are being pursued by the State in right earnest. Ajay Kumar 2017.07.31 13:43 I attest to the accuracy and authenticity of this document

COCP No. 1383 of 2013 In view of above, no cause of action survives in this petition. Dismissed.

Petitioner shall be at liberty to avail alternative remedy in case any cause of action still survives.

July 24, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.07.31 13:43 I attest to the accuracy and authenticity of this document