Disposed
Satbir Kataria and Anr. v. State of Haryana and Ors.
Punjab & Haryana HCCWP/11635/2012
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Civil Writ Petition No. 11635 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 11635 of 2012 Date of decision : 01.10.2012
Satbir Kataria and another
......Petitioners
Versus
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
Present: Ms. Savita Bhandari, Advocate for the petitioners.
Mr. Sunil Nehra, Sr. DAG Haryana for respondents No. 1, 2 and 4
Mr. Sanjay S. Chauhan, Advocate for respondent No. 3
Mr. RPS Ahluwalia, Advocate for respondents No. 5 to 9
RANJIT SINGH, J.
This writ petition has been filed seeking writ of Certiorari, Mandamus and Prohibition whereby the municipal authorities/state machinery has perceptibly misused the official powers and in gross violation and dereliction of statutory duties caused legal injury to public at large by permitting respondents No. 6 to 9 to sell and encroach the common land situated at village Railla Sector 12 Panchkula.
The issues raised in the writ petition may lead to some dispute or facts. Though counsel for the petitioners has pleaded that the facts are not in dispute and the encroachment has been noticed by demarcation report which was got done by the Tehsildar when the
Civil Writ Petition No. 11635 of 2012
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demarcation was not possible. To remove a person who has illegally encroached there is proper procedure under various provisions of the Act and the competent authority has to take action in accordance with law. The person who is alleged to be encroacher has a right to be heard before any order adverse to his interest is passed. All these issues can be decided in a more competent manner by authorities who are responsible under the statutory provisions concerning the eviction of the unauthorized occupation. It would be for the petitioners or respondents to take action in accordance with law. If any such proceedings are initiated, authorities shall act in accordance with law and pass an order after following the due process of law and after affording opportunity of hearing to all. This should suffice the prayer made by the petitioners in this petition.
The writ petition is, accordingly, disposed of.
( RANJIT SINGH ) JUDGE
October 01, 2012
reena
1 issue framed by the court
Whether the writ petition seeking enforcement of statutory duties regarding encroachment should be decided in this writ petition.
Satbir Kataria
another
State of Haryana
Ranjit Singh
As recorded by the court registry
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