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Mukesh Kumar v. State of Haryana and Ors.

Punjab & Haryana HC23 May 2013CWP/11314/2013

Case brief

AI extract

What is this about?

Writ petition under Articles 226/227 seeking mandamus for the respondent to decide on a change of land use application for an Auto Gas Filling Station within a reasonable time, with opportunity of hearing.

What did the court decide?

Directing respondent No.2 to take a decision on the application after affording an opportunity of hearing and by passing a speaking order preferably within 6 weeks.

Mukesh Kumar Vs State of Haryana and Ors. — Property and Title | Punjab & Haryana HC (2013)

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CWP No.11314 of 2013 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.11314 of 2013 (O & M) Date of Decision: May 23, 2013

Mukesh Kumar

....Petitioner

Versus

State of Haryana and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE G.S. SANDHAWALIA

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Present: Mr.Vaneet Soni, Advocate, for the petitioner.

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AJAY KUMAR MITTAL, J.

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The petitioner has approached this Court by way of present writ petition filed under Articles 226/227 of the Constitution of India seeking a writ of mandamus for directions to the respondents to take a decision on the application of the petitioner dated 06.02.2013 (Annexure P-7) for grant of change of land use (CLU) for setting up of Auto Gas Filling Station at village Gudha, Tehsil Indri, District Karnal, Haryana, within a reasonable period of time.

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As per the averments made in the petition, the petitioner had earlier approached this Court by way of CWP No.4149 of 2012 which was disposed of on 03.09.2012 with the direction to the respondents to return the application which had been filed by the petitioner under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 so as to enable him to resubmit the same with the authorities for consideration of the application for change of land use under the Act and the Rules.

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It was urged by learned counsel for the petitioner that after receiving the application by the petitioner, the same was resubmitted by

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CWP No.11314 of 2013 (O & M)

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him with the competent authority on 06.02.2013 (Annexure P-7), who was not taking any decision thereon.

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After hearing learned counsel for the petitioner, perusing the petition and without expressing any opinion on the merits of the case, we dispose of the present writ petition by directing respondent No.2 to take a decision on Annexure P-7 filed by the petitioner after affording an opportunity of hearing to the petitioner and by passing a speaking order thereon in accordance with law preferably within a period of 6 weeks from the date of receipt of certified copy of the order.

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(AJAY KUMAR MITTAL) JUDGE

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(G.S. SANDHAWALIA) JUDGE

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May 23, 2013 sukhpreet

Mukesh Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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