Radhe Shyam And Others v. State Of Haryana And Others
CWP-14481-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14481-2023 Date of Decision: July 24, 2023 Radhe Shyam and others ......Petitioners
Versus
State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present:
Mr.Umesh Kumar Kanwar, 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 direction to respondents No.2 and 3 to grant permission to the petitioners to run their business by preparing their khokhas on the allotted sites at Railway Road, Mahendergarh, already allotted to them by respondent No.2-Municipal Committee, as the petitioners were continuously running their business at the allotted sites by paying rent/fee to respondent No.2 for the last 35-40 years, which has been demolished by the respondents/authorities without following proper procedure of law. It is further prayed to issue direction to the respondents to decide the representation, dated 15.05.2023, Annexure P-10.
It has been contended by counsel for the petitioners that petitioners are in possession of Khokhas and they were earning their livelihood at this place. He submits that respondents resorted to demolition of their Khokas and thus virtually took away their livelihood. He has submitted that on earlier occasion, the petitioners had approached this Court MEENU 2023.07.
CWP-14481-2023 -2by way of filing writ petition in which respondents made statement that petitioners would not be evicted without following due procedure of law. He has submitted that despite the statement made by the respondents, the khokhas of the petitioners have been demolished by respondents No.4 and 5. He submits that for redressal of their grievances the petitioners have filed their representation, dated 15.05.2023, Annexure P-10, however, no decision has been taken on the same.
Notice of motion to official respondents only. On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana, who is present in Court, accepts notice on behalf of respondents No.1, 3, 4 and 5.
After hearing counsel for the parties and going through the facts and circumstances of the case, the present petition is disposed of with a direction to respondent No.2, i.e. the Municipal Committee through Secretary, Near Ambedkar Chowk, District Mahendergarh, to look into the representation, dated 15.05.2023, Annexure P-10, and decide the same expeditiously in accordance with law preferably within fifteen days from the date of receipt of certified copy of this order. July 24, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No MEENU 2023.07.25 16:12 I attest to the accuracy and integrity of this order/judgment