Amrit And ORS v. State Of Haryana And Others

CWP-13685-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13685-2023 Date of Decision: July 13, 2023 Amrit and others ......Petitioners

Versus

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

Present:

Mr.Kunal Dawar, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ, order or direction in the nature of certiorari for setting aside the illegal and arbitrary public notices issued by respondent No.4, Annexure P-6, ordering the petitioners to vacate the land as the same has been issued arbitrarily, without any clarification/justification or reasoning, against principles of natural justice. It is further prayed to issue directions to the respondents not to dispossess the petitioners or demolish their residential houses during pendency of the present petition.

It has been contended by counsel for the petitioners that the notices have been issued in violation of the statutory provisions of Haryana Municipal Corporation Act, 1994. He submits that petitioners are ready to appear and file objections also but the same are not being heard. Notice of motion.

On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana, MEENU 2023.07.14 11:01 I attest to the accuracy and integrity of this order/judgment

CWP-13685-2023 -2who is present in Court, accepts notice on behalf of respondent No.1/State whereas Mr.Samarth Sagar, Advocate, accepts notice on behalf of respondents No.2 to 4 and submits that the notices have been issued to the general public and the affected persons have already been provided an opportunity of filing their objections, if any. He further submits that if the petitioners and other affected parties, if any, appear and file objections, the same would be heard and dealt with in accordance with law. After hearing counsel for the parties and going through the file, the present petition is disposed of with liberty to the petitioners to appear before the competent Authority within a week from today and if they so appear and file their objections, the same would be dealt with and decided expeditiously by the competent Authority in accordance with law. July 13, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.07.14 11:01 I attest to the accuracy and integrity of this order/judgment