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Dalu Ram @ Dal Chand v. Commissioner Gurgaon and Ors. - CWP-19125-2006  RD-P&H 11482 (29 November 2006)
C.W.P. No.19125 of 2006
Date of decision: 04.12. 2006
Dalu Ram @ Dal Chand .........Petitioner Versus
Commissioner Gurgaon and Ors. ...........Respondents
CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON'BLE MRS. JUSTICE NIRMAL YADAV
Present: Mr. Lokesh Sinhal, Advocate
for the petitioner
ASHUTOSH MOHUNTA, J (Oral)
The petitioner has impugned the order dated 25.07.2006 (Annexure P-3) passed by the Commissioner Gurgaon, Division, Gurgaon, by which the case has been remanded back to the Collector for decision afresh after impleading the Municipal Committee, Pataudi as a party.
Learned counsel for the petitioner contends that the Municipal Committee, Pataudi is not a necessary party and that the Local Commissioner, appointed by the Court, need not be produced in the Court.
After hearing the learned counsel for the parties, we are of the considered opinion that as the land in dispute is under the ownership of the Municipal Committee, Pataudi, therefore, it would be necessary to implead it as a party and only thereafter the case can be decided.
( ASHUTOSH MOHUNTA)
( NIRMAL YADAV)
December 04, 2006
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