High Court of Punjab and HaryanaCWP/15317/2023disposed of

Ashok v. State Of Haryana And Others

2023-07-312 pages

CWP No.15317 of 2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.15317 of 2023 (O&M) Date of Decision: 31.07.2023 ASHOK ......Petitioner Vs STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present:Mr. Lajpat Rai Sharma, Advocate for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondent No.5 to remove the respondent No.7, who had incurred disqualification in terms of Section 175 of the Haryana Panchayati Raj Act, 1994 and being in unauthorized possession of the Panchayat Land.

Learned counsel for the petitioner submits that the respondent No.7 was evicted by the competent Court while exercising the powers under Section 7/2 of the Punjab Village Common Land (Regulation) Act, 1961. The respondent No.7 remained unsuccessful in appeal and revision thereafter. MOHMED ATIK 2023.07.31 23.27 I attest to the authenticity and integrity of this order/judgment

CWP No.15317 of 2023 (O&M)

Notice of motion.

On asking of the Court, Mr. Ashish Yadav, Addl. A.G., Haryana accepts notice on behalf of the respondents No.1 to 6. In the very nature of the order which we propose to pass, there is no need to file any reply to the aforesaid petition. Learned State counsel has informed the court that in pursuance of the order passed by the revisional authority, a show case notice has already been issued to the respondent No.7 on 21.07.2023. The requisite period of 7 days has expired on 28.07.2023. In all probability, the competent authority would pass an appropriate order in accordance with law. In view of above, the present writ petition is disposed of by directing the respondent No.5 to proceed further in the context of issuance of show cause notice to the respondent No.7 in accordance with law. The parties would be at liberty to avail their remedies thereafter.

(RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE July 31st , 2023 Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHMED ATIK 2023.07.31 23.27 I attest to the authenticity and integrity of this order/judgment