Rakesh Kumar v. State Of Punjab And ORS

CWP No.10894 of 2015 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10894 of 2015 Date of Decision.17.05.2017 Rakesh Kumar s/o Sh. Lachman Singh ........Petitioner Vs State of Punjab and others ........Respondents

Present:

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

Mr. Yatinder Sharma, Addl. A.G., Punjab.

Mr. G.S. Attariwala, Advocate for respondent No.7.

Mr. J.S. Brar, Advocate for respondent No.8.

Mr. A.K. Khunger, Advocate for respondent Nos.9 and 10.

Mr. Naresh Kaundal, Advocate for respondent No.12.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The dispute, according to the petitioner, is with regard to raising construction by respondent Nos.8 to 12 against the site plan which has been rebutted by learned counsel appearing for them, much less, by the Municipal Committee. Though this Court appointed the Local Commissioner, report of whom has come on record and the report is to the effect that the parties have raised construction in excess of the ownership. In my view, all these points/facts are disputed, which have to be proved by leading direct and cogent evidence but not in the writ jurisdiction. The petitioner is at liberty to file civil suit and take the benefit of documents for resorting to the provisions of Code of Civil Procedure by PANKAJ KUMAR 2017.05.22 14:59 I attest to the accuracy and integrity of this document

CWP No.10894 of 2015 -2pressing into service the admission and denial and leading evidence on the issues on which the parties are at variance.

The writ petition stands disposed of in the aforementioned terms.

(AMIT RAWAL) JUDGE May 17, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.05.22 14:59 I attest to the accuracy and integrity of this document