Sushil Kumar & ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM No.10964-CWP of 2016 in/and CWP No. 15751 of 2016 Decided on : 19.09.2016 Sushil and others . . . Petitioners

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE KULDIP SINGH PRESENT: Mr. Amit Chaudhary, Advocate for the applicant-petitioners.

**** AJAY KUMAR MITTAL, J. (Oral) CM No. 10964-CWP of 2016 under Section 151 CPC has been filed, seeking correction of the order dated 29th August, 2016, passed by this Court. A prayer was made that no interim protection was granted in CWP No. 14810 of 2016 as recorded on 29.08.2016 and it was submitted that only direction was issued to the respondents to constitute a Tribunal. Notice of this application.

Ms. Shubhra Singh, Addl. AG, Haryana, accepts notice on behalf of non-applicant/respondents.

It was urged by learned State counsel that the primary grievance raised in the writ petition is that no tribunal has been constituted where the petitioners can approach for redress of their grievances and also for interim protection.

Learned State counsel has produced a copy of the notification dated 27th August, 2016, whereby, a Tribunal under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 read with sub-rule (4) of Rule 130 of the Punjab Scheduled Roads and Jawala Ram 2016.09.23 14:26 I attest to the accuracy and authenticity of this document Chandigarh

CM No.10964-CWP of 2016 [ 2 ] in/and CWP No. 15751 of 2016 Controlled Areas Restriction of Unregulated Development Rules, 1965, has been constituted. The copy of the said notification is taken on record. In view thereof, learned counsel for the petitioners prays that since the Tribunal has been constituted, accordingly, the present application be dismissed as withdrawn.

Ordered accordingly.

CWP No. 15751 of 2016 At the request of learned counsel for the parties, the date of hearing in the main case is pre-poned from 06.10.2016 to today. 2.

In view of the order of even date passed in CM No.10964-CWP of 2016, the present writ petition is disposed of by relegating the petitioners to approach the Tribunal, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (KULDIP SINGH) September 19, 2016 JUDGE J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2016.09.23 14:26 I attest to the accuracy and authenticity of this document Chandigarh