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High Court of Punjab and HaryanaCWP/18406/2017dismissed

Mani Ram & ANR v. State Of Haryana And ORS

2017-09-12Mr. Justice Surinder Gupta,Mr. Justice Arun Monga2 pages

CWP No.18406 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.18406 of 2017 Date of decision:12.09.2017 Mani Ram and another ... Petitioners Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Ashok Arora, Advocate for the petitioners.

AJAY KUMAR MITTAL, J. (ORAL) 1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of mandamus for directing respondents No.1 to 4 regarding unauthorized possession of respondents No.5 to 29. 2.

At the outset, on a query being put to the learned counsel for the petitioners, as to how many un-authorised occupants are there, it was candidly admitted that there are 243 persons, who are in un-authorised possession. It was stated that only 25 persons have been impleaded as parties in the present writ petition. Further, learned counsel for the petitioners was unable to refer to any material on record to substantiate that respondents No.5 to 29 are in un-authorised possession. Still further, Gram Panchayat being proper and necessary party has also not been impleaded as Savita 2017.09.19 14:39 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.18406 of 2017 {2} party-respondent in the present petition.

3.

In such circumstances confronted with the above, learned counsel for the petitioners submitted that he may be allowed to withdraw the present writ petition with liberty to take recourse to alternate remedies as may be available to the petitioners in accordance with law. 4.

Dismissed as withdrawn. However, liberty is granted to the petitioners to take recourse to the remedies as may be available to them, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) JUDGE September 12, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.09.19 14:39 I attest to the accuracy and integrity of this document High Court Chandigarh