SMT. ANGOORI DEVI versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Angoori Devi v. State of Haryana & Ors. - CWP-16398-2004 [2006] RD-P&H 1111 (23 February 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.16398 of 2004

Date of decision: March 02, 2006.

Smt. Angoori Devi

...Petitioner

Through

Mr. Harkesh Manuja, Advocate

v.

State of Haryana & Ors.

...Respondent

Through

Mr. S.K. Garg Narwala, Addl. Advocate

General, Haryana.

Mr. Jagdish Manchanda, Advocate

for respondent No.3.

CORAM:
HON'BLE MR. JUSTICE D.K. JAIN, CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT

1. Whether Reporters of local papers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest. D.K. Jain, C.J. (Oral)

From the written statement filed on behalf of the Municipal Council and the Deputy Commissioner, it transpires that the issue with regard to the subject open-space is still pending before the Deputy Commissioner, Panipat. Mr. Garg, learned counsel for the Deputy Commissioner, Panipat submits that on the letter written by the Council to him on 10th

March, 2004, the Deputy Commissioner has sought some information from the Council vide letter, dated 21st October, 2004, but the

requisite information has not been furnished so far. Learned counsel for the Council submits that the information shall be supplied within two weeks.

In view of the above factual scenario, we dispose of the writ petition with a direction to the Deputy Commissioner to take a final decision on the letter written by the Council on the basis of their representation made by the residents in the area, as expeditiously as practicable and in any case not later than eight weeks from today. Further action for removal of the alleged encroachments, if any, shall be taken by the Council strictly in terms of the orders, to be passed by the Deputy Commissioner. We may, however, clarify that in case the petitioner is not satisfied with the decision, to be taken by the Deputy Commissioner, it will be open to her to avail of an appropriate remedy, as may be available, in accordance with law.

Let a copy of the order, duly attested under the signatures of the Bench Secretary, be handed over to the learned State Counsel.

[ D.K. Jain ]

Chief Justice

March 02, 2006. [ Surya Kant ]

kadyan Judge

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