Petitioner challenged demolition order alleging lack of hearing. Court disposed of writ without merits, directing SDM to decide pending application for set-aside within three months while maintaining status-quo.
Status-quo regarding demolition. Direction to S.D.O. to decide application on merits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.26282 of 2014 Date of Decision: December 22, 2014
Brahmanand
.....Petitioner
versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present: Mr.Gurwinder Sandhu, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
The grievance of the petitioner is against the order of demolition dated 05.06.2008 (Annexure P-1) which is said to have been passed without giving him an effective opportunity of hearing. The petitioner has further alleged that should there be a demarcation at the site after notice to the parties, the allegation of encroachment levelled against him would be falsified. The petitioner also relies upon some compromise said to have been arrived at between the villagers before the Civil Court.
Be that as it may, it is not in dispute that the petitioner has already moved an application to set-aside the ex-parte proceedings and to recall the order dated 05.06.2008. The said application is statedly pending before the Sub Divisional Officer (Civil)-cum-Collector, Gurgaon.
We, thus, without expressing any views on the merits of the petitioner's claim, dispose of this writ petition
MOHINDER KUMAR 2014.12.24 15:01 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.26282 of 2014 [2]
with a direction to the S.D.O.(Civil)-cum-Collector, Gurgaon, to consider the petitioner's prayer for condonation of delay sympathetically and make an endeavour to decide the application moved by him, on merits as early as possible but not later than three months from the date of receiving a certified copy of this order.
Till the application is decided, status-quo re: demolition shall be maintained.
Dasti.
[SURYA KANT]
December 22, 2014 [RAJ MOHAN SINGH] Mohinder JUDGE
MOHINDER KUMAR 2014.12.24 15:01 I attest to the accuracy and authenticity of this document Chandigarh
Brahmanand
State of Haryana
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
