This court dismissed a petition for compliance of a previous order directing a Deputy Commissioner to alter a drain direction to avoid encroaching on the petitioner's land. The court accepted the respondent's affidavit confirming the enclosure was filled.
Further orders were not required; the petition was dismissed based on the respondent's affidavit.
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COCP No. 3407 of 2012 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No. 3407 of 2012 (O&M) Date of decision: 25.3.2013
Chander Pal
.. Petitioner
v.
Shri Pankaj Aggarwal
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Ashok Tyagi, Advocate for the petitioner. Mr. D. D. Gupta, Addl. Advocate General, Haryana.
Rajesh Bindal J.
The petitioner approached this court with a grievance that the order passed by this court on 9.10.2012 in CWP No. 20131 of 2012 has not been complied with, whereby a direction was given to Deputy Commissioner, Sonepat to decide the representation made by the petitioner after giving opportunity of hearing.
The representation was filed by the petitioner with the plea that the Gram Panchayat was laying drain by encroaching upon the land of the petitioner. In response to the notice issued, reply by way of affidavit of Pankaj Agarwal, Deputy Commissioner, Sonepat dated 13.3.2013 has been filed. Along with the reply, an order dated 13.2.2013 passed after affording opportunity of hearing to the petitioner has been annexed. It has been stated therein that direction of the drain has been changed and no construction will be done through the land of the petitioner. The area, which was dug out in the land of the petitioner, was filled up. This fact was disputed by learned counsel for the petitioner. However, Mr. Bijender Singh, S.E.P.O in the
COCP No. 3407 of 2012 [2]
office of Block Development and Panchayat Officer, Rai, District Sonepat stated that he had got the dug out portion in the land of the petitioner filled up. Still if something remains to be done, he will get the same carried out.
Considering the aforesaid stand of the respondent, in my opinion, no further orders are required to be passed in the present petition. Accordingly, the same is dismissed.
(Rajesh Bindal) Judge
25.3.2013 mk
Chander Pal
Shri Pankaj Aggarwal
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
