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High Court of Punjab and HaryanaCWP/8396/2016disposed of

Dharampal v. State Of Haryana & ORS

2016-09-26Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

-1CWP No.8396 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.8396 of 2016 Date of decision: 26.09.2016 Dharampal ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Sushil Jain, Advocate, for the petitioner. Mr. Gaurav Bansal, AAG, Haryana.

***** AJAY KUMAR MITTAL, J. (ORAL) Prayer in this writ petition filed under Articles 226/227 of the Constitution of India is for quashing the impugned notice dated 22.12.2015 (Annexure P-18) issued by respondent No.3 directing the petitioner to remove the construction which according to the respondents is against the statutory permissions.

2.

Learned State counsel has submitted that petitioner has a remedy by way of furnishing reply to the said show-cause notice. 3.

After hearing the learned counsel for the parties, perusing the paper-book and without expressing any opinion on the merits of the controversy, we dispose of this writ petition by permitting the petitioner to file a detailed and comprehensive reply to the notice (Annexure P-18) within a period of two weeks from today. In case such a reply along with supporting material is filed, same shall be decided by the competent authority within next two months after affording an opportunity of hearing Ravinder Singh 2016.09.29 14:26 I attest to the accuracy and authenticity of this document

-2CWP No.8396 of 2016 to the petitioner and by passing a speaking order in accordance with law. 4.

It is, however, clarified that the interim protection granted by this Court vide order dated 04.05.2016 shall continue till the decision by the competent authority.

5.

Needless to say that anything observed hereinabove and the interim order passed by this Court shall not be taken as an expression of opinion on the merits of the controversy.

(AJAY KUMAR MITTAL) JUDGE 26.09.2016 (RAMENDRA JAIN) R.S.

JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2016.09.29 14:26 I attest to the accuracy and authenticity of this document