Sunil Kumar v. District Magistrate And Others

-1CWP-565 of 2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (PROCEEDINGS THROUGH V.C.) CWP-565 of 2021 (O&M) Date of Decision: 08.03.2021 Sunil Kumar

...Petitioner

Versus

District Magistrate, Gurugram (Haryana) and others ....Respondents CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present:- Mr. S.K.S. Bedi, Advocate, and Mr. Ram Kumar Saini, Advocate, for the petitioner. Ms. Shubhra Singh, Addl. A.G., Haryana.

Mr. Manish Jain, Advocate, for respondent No.3. Mr. Puneet Bali, Sr. Advocate, with Mr. Surjeet Bhadu, Advocate, for the applicant in CM Nos.2779 and 2781 of 2021. Mr. Anand Chhibbar, Sr. Advocate, with Ranjit Chawla, Advocate, and Mr. Gaurav Mankotia, Advocate, for CM Nos.2799 and 2804 of 2021.

AUGUSTINE GEORGE MASIH, J. (ORAL) On considering the submissions which have been made by the counsel for the parties and keeping in view the facts and circumstances of the present case, this Court is of the considered view that the matter needs to be remanded back to the District Magistrate for taking a fresh decision after hearing all the parties. It is clarified that the parties which we are referring to include the applicants who have moved this Court by way of the applications for impleadment and for recall of the observations made RAVINDER SINGH 2021.03.08 13:30 I attest to the accuracy and integrity of this document

-2CWP-565 of 2021 (O&M) by this Court or earlier proceedings before the District Magistrate. Let the parties appear before the District Magistrate on 12.03.2021, which is the date already fixed before the Magistrate and complete their pleadings within a period of one week thereafter. The District Magistrate shall thereafter proceed to decide the matter within a period of four weeks. It is made clear that in case any of the parties are not in a position to complete their pleadings the Magistrate will not grant any further time except for one week after 12.03.2021. Any observation made by this Court at any stage of these proceedings, including the above referred to order, shall not stand in the way of the Magistrate to decide the matter in accordance with law as settled by the Supreme Court.

In the light of the above order the writ petition as well as the applications are disposed of.

(Augustine George Masih) Judge (Ashok Kumar Verma) March 08, 2021 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2021.03.08 13:30 I attest to the accuracy and integrity of this document