Balwan And Others v. State Of Haryana

CWP-19438-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-19438-2024 Date of Decision: 09.08.2024 Balwan and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Chanderhas Yadav, Advocate and Mr. Anshul Baghla, Advocate for the petitioners.

*** HARSH BUNGER, J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of Certiorari for setting aside the order dated 30.07.2024 (Annexure P-13) passed by District Municipal Commissioner, Jhajjar.

1.1 A further prayer has been made seeking issuance of writ in the nature of Mandamus for directing the respondents-Authorities to regularize the kiosks of the petitioners in pursuance of policy dated 19.04.2023 (Annexure P-9).

2.

After arguing for some time, learned counsel for the petitioners submits that he may be permitted to withdraw the instant petition, however he submits that since the petitioners have been squatting on the roadside of the area falling within the Municipal Council, Beri, Jhajjar for the last more HIMANI GUPTA 2024.08.09 17:46 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-19438-2024 -2than 25 years, they may be permitted three months time to vacate the said premises.

3.

The submission made by learned counsel for the petitioners appears to be justified, accordingly, the present petition is dismissed as withdrawn, however the petitioners and/or anyone claiming under them shall handover the peaceful possession of the said premises within a period of three months from today failing which, the Authorities shall be well within their rights to expel/remove the petitioners and/or anyone claiming through them and if required, may also resort to police help. It goes without saying that during the period of three months from today, no coercive steps shall be taken against the petitioners.

4.

In view of the aforesaid submission made by learned counsel for the petitioners, the petition is disposed of, accordingly. 5.

All pending application(s), if any, shall also stand closed. 09.08.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.08.09 17:46 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh