Allowed

Faqir Singh v. State of Haryana and Anr.

Punjab & Haryana HC5 Oct 2011CWP/12810/2010

Case brief

AI extract

What is this about?

Petitioners challenged show cause notices and an order via certiorari. Petitioner counsel cited a prior Single Bench judgment (CWP 2619 of 2010). The State accepted the prior judgment. The bench set aside the impugned orders and disposed of the petition following the prior judgment.

What did the court decide?

Show cause notices and impugned order set aside; petition disposed of in terms of judgment in CWP 2619 of 2010.

Faqir Singh Vs State of Haryana and Anr. — Writ and Judicial Review | Punjab & Haryana HC (2011)

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Civil Writ Petition No.12810 of 2010 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.12810 of 2010 Date of Order: 05.10.2011

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Faqir Chand and others

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...Petitioners

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Versus

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The State of Haryana and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present:Mr. Sanjeev Sharma, Senior Advocate with Mr. Vikram Sharda, Advocate for the petitioners.

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Mr. Amit Aggarwal, Addl. A.G.,Haryana for the State.

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RAJIVE BHALLA, J (Oral)

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The petitioners pray for issuance of a writ in the nature of certiorari for quashing show cause dated 29.06.2009, Annexures P-3 to P-5 and the impugned order dated 19.12.2009, Annexure P-8.

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Counsel for the petitioners submits that as the land in dispute falls within extended abadi, it cannot be made subject matter of proceedings under the Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963. It is further submitted that the controversy in the present case is squarely covered in favour of the petitioners by a Single Bench judgment dated 19.08.2011, passed in Civil Writ Petition No.2619 of 2010, titled as Raghbir Singh and others v. State of Haryana and

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Civil Writ Petition No.12810 of 2010

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-2-

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others .

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Affidavit of Jagdish Chander Sharma, Tehsildar, Ambala, filed in Court today, is taken on record.

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A perusal of the affidavit reveals that the respondents have accepted that the controversy in the present case is similar to the controversy raised in Civil Writ Petition No.2619 of 2010, decided on 19.08.2011.

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Counsel for the State of Haryana states, on the basis of this affidavit, that the writ petition may be disposed of in terms of the order dated 19.08.2011, passed in Civil Writ Petition No.2619 of 2010 titled as Raghbir Singh and others v. State of Haryana and others .

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We have heard counsel for the parties, perused the impugned notices and order and the judgment dated 19.08.2011, passed in Civil Writ Petition No.2619 of 2010 and find no reason to differ with the opinion recorded in the aforementioned judgement. The show cause notices dated 29.06.2009, Annexures P-3 to P-5 and the impugned order dated 19.12.2009, Annexure P-8 are set aside and the writ petition is disposed of in terms of the judgment dated 19.08.2011, passed in Civil Writ Petition No.2619 of 2010, titled as Raghbir Singh and others v. State of Haryana and

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others .

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(RAJIVE BHALLA) JUDGE

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(NARESH KUMAR SANGHI) JUDGE

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October 05, 2011 nt

Faqir Singh v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Faqir Singh v. State of Haryana and Anr.

Case brief

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What did the court decide?

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