High Court of Punjab and HaryanaCWP/9457/2024disposed of

Navdeep Garg v. Municipal Corporation Bathinda And Others

2024-04-26Mr. Justice Rajesh Bhardwaj2 pages

CWP-9457-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9457-2024 Date of Decision: April 26, 2024 Navdeep Garg ......Petitioner

Versus

Municipal Corporation Bathinda and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.J.S.Ghumman, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioner has approached this Court praying for issuance of direction to respondent No.1, i.e. Municipal Corporation, Bathinda, to take action on the representation, dated 30.03.2024, Annexure P-5, sent by the petitioner and initate action against the unauthorised building being constructed by respondent No.2 in light of the sealing order dated 05.09.2022, Annexure P-4. It is further prayed to direct respndent No.1 to halt the unauthorised construction being done on the property in question immediately.

Learned counsel for the petitioner fairly submits that though the petitioner has already filed a civil suit in which injunction had been granted by the learned Civil Court at Bathinda on 18.08.2022, however, despite that injunction order, the respondents carried on the construction and thus contempt petition was also filed before the same Court on 09.02.2023, which is pending adjudication for 03.05.2024. He submits that though notice has MEENU 2024.04.29 11:40 I attest to the accuracy and integrity of this document

CWP-9457-2024 -2already been issued in the contempt petition but the respondents have ignored the same and are proceeding with the construction in violation of the order passed by the Civil Court.

In view of the above submissions made by learned counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to file an application mentioning all the grounds, taken herein, before the Court where the civil suit and contempt petitions are already pending. If any such application is filed, the concerned Court would deal with the same in accordance with law.

April 26, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.04.29 11:40 I attest to the accuracy and integrity of this document