Ishwar Singh v. State Of Haryana And Others

THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.04.2024 Ishwar Singh ..... Petitioner

Versus

State of Haryana and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Sunil Kumar Dhanda, Advocate for the petitioner.

Mr. Baldev Raj Mahajan, Senior Advocate with Mr. Rajesh Gaur, Advocate for respondents No.2 & 3-MC.

*** RAJESH BHARDWAJ, J. (ORAL) Present writ petition has been filed for directing respondents No.1 to 3 to take strict action again respondent No.4 in pursuance to the notices and letter dated 18.08.2023, 06.09.2023 (Annexures P-2 and P-3) in a time bound manner, which were issued by official respondents for removal of unauthorized constructions done by private respondent No.4. Further prayer has been made that respondent No.4 be refrained from raising any further constructions at nearby Jharsa Bandh, Gali No.4D, Patel Nagar, Gurugram which is otherwise going in full swing at the spot. Learned counsel for the petitioner has submitted that on filing of complaint by the petitioner, the respondent-Municipal Corporation had issued notices to respondent No.4, however no action

-2has been taken on the basis of notice issued by the Municipal Corporation.

Notice of motion to respondents No.1 to 3 at this stage. On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana and Mr. Rajesh Gaur, Advocate appear and accept the notice on behalf of respondent No.1-State and respondents No.2 & 3-Municipal Corporation, respectively.

Learned counsel for respondents No.2 and 3 has submitted before this Court that respondent-Municipal Corporation has already taken the action on the complaint filed by the petitioner. He submits that property of respondent No.4 was sealed and thereafter registration of the FIR was also recommended against him.

Learned counsel for the petitioner has submitted that for the redressal of his grievance, the petitioner has already filed his representation dated 23.01.2024 (Annexure P-4) before respondent No.3 but no action has been taken on the same till date. However learned counsel for respondents No.2 & 3 has submitted that the representation filed by the petitioner would be decided expeditiously preferably within a period of four weeks. Heard.

In view of the above position, the present petition stands disposed of with a direction to respondent No.3 i.e. the Joint Commissioner - II, Exercising the power of Municipal Commissioner,

-3Gurugram, Municipal Corporation, Gurugram to look into the representation of the petitioner dated 23.01.2024 (Annexure P-4) and decide the same in accordance with law within a period of four weeks from the date of receipt of copy of the order. (RAJESH BHARDWAJ) JUDGE 15.04.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No