In a civil writ petition regarding acquired land alleged to be unutilized after a 'Band' construction, the High Court directed respondents to verify records and decide the claim by a speaking order within six months.
Respondents directed to verify records and decide the claim by a speaking order within six 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.18519 of 2016. Date of Decision: September 07, 2016
Satwant Kaur and another ......Petitioners versus State of Haryana and others .....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDIP AHLUWALIA.
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Present: Ms.Sushma Chopra, Advocate, for the petitioners. Ms.Palika Monga, Deputy Advocate General, Haryana.
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Surya Kant, J . (Oral)
Notice of motion.
On our asking, Ms.Palika Monga, learned Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.
Let seven copies of the writ petition be supplied to learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.
In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.
The petitioners seek release of the land which is alleged to be lying unutilized though it was statedly acquired for construction of a 'Band' Mohinder Kumar Kamboj 2016.09.15 16:48 in village Chak Arayian, District Sirsa. The precise claim of the petitioners I attest to the accuracy and integrity of this document Chandigarh
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CWP No.18519 of 2016
is that land measuring 17.71 acre is lying unutilized as the 'Band' has already been constructed and the land is not being used for any other public purpose. Reliance is placed on some correspondence. The issue has been raised by the petitioners through representations dated 20.10.2000 and 27.03.2003 (P-5 & P-6) followed by a legal notice dated 10.08.2015 (P-7) also.
Having heard learned counsel for the petitioners and considering the fact that the questions of facts raised by the petitioners can be determined by the Competent Authority, we dispose of this writ petition with a direction to the respondents to verify the records and decide the petitioners' claim by passing a speaking order within a period of six months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
[SURYA KANT] JUDGE
September 07, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No
Mohinder Kumar Kamboj 2016.09.15 16:48 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petition for release of allegedly unutilized acquired land is maintainable via writ jurisdiction.
Satwant Kaur
State of Haryana
Surya Kant
Sudip Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
