Sanjay And Others v. State Of Haryana & Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-3056-2018 (O&M) Date of decision:- 23.05.2018 Sanjay and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Rajeev Sharma, Advocate, for the petitioners.
Mr. Sandeep S. Mann, Sr. DAG, Haryana, for respondents No. 1 to 5.
Mr. Sushil Jain, Advocate, for respondents No. 6 and 7.
* * * * AVNEESH JHINGAN, J. (ORAL) The present petition has been filed for quashing the permission given by the Deputy Commissioner, Sonepat for excavating soil from a shamlat land for levelling the same. 2.
On notice of motion, the reply has been filed by the official respondents. In the reply, the official respondents have stated that the excavation is being done to level the land to make it fit for cultivation. On instructions from respondent No. 4, the learned State Counsel states that the said soil is not being sold and is being actually used for making a park in the same village. The learned counsel for the Gram Panchayat also states that the shamlat land is being levelled to make it fit for cultivation.
3.
The learned counsel for the petitioners at this stage states that it is factually wrong and actually the said soil is Amodh Sharma 2018.05.29 14:30 I attest to the accuracy and integrity of this document Chandigarh
CWP-3056-2018 (O&M) being sold and the land is not being levelled it is being used for excavating the soil. Respondent No. 6 alongwith the written statement has attached the Civil Suit filed by the other residents of the village seeking decree for permanent injunction restraining the defendants from taking out or selling the sand/land.
4.
Since in the present writ petition disputed questions of fact are involved and the matter is pending in the Civil Suit, the writ petition is dismissed with liberty to the petitioners to avail the other remedies available to them including of a Civil Suit.
(AVNEESH JHINGAN) JUDGE 23.05.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2018.05.29 14:30 I attest to the accuracy and integrity of this document Chandigarh