Kunwar Balu Singh Vs State of Haryana & Ors.

1 This petition has been filed under Section 482, Code of Criminal Procedure, with the plea that the petitioner purchased certain property from one Sanjay Sharma and wants to demarcate the property by way of construction of a boundary wall. In para-6 of the petition, it has been pleaded that local administration with the help of respondents; particularly, the officers of Municipal Corporation, Faridabad, are not allowing the petitioner to construct the boundary wall.

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2 Learned counsel for the respondent-State has pointed out that Sanjay Sharma is involved in a criminal case, in regard to the property purchased by the petitioner. Sanjay Sharma might not be having a valid title, so as to transfer the same to the petitioner. In such circumstances, the petitioner is being stopped

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Criminal Misc. No.10933 -M of 2011 (O&M)

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2

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from constructing the boundary wall by the Municipal Corporation within whose limits the land falls.

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3 I find that no directions can be issued under Section 482, Code of Criminal Procedure, for giving relief to the petitioner insomuch as the issue is of civil nature. If at all, the petitioner is aggrieved by the action of the Municipal Corporation, either a petition be filed under Municipal Laws or in a civil court.

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4 The petition is, accordingly, dismissed with liberty to

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the petitioner to avail of alternate remedies.

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September 7, 2011 ( AJAI LAMBA ) Kang JUDGE

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1.To be referred to the Reporters or not?

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2.Whether the judgment should be reported in the Digest?

Kunwar Balu Singh v. State of Haryana & Ors.

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Kunwar Balu Singh v. State of Haryana & Ors.

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