In a contempt petition alleging violation of an order to decide a legal notice on illegal possession claims, the court held the order was complied with and dismissed the petition, granting liberty to seek alternative remedies.
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.
202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP-2032-2013 (O&M) Date of decision: 22.02.2023
Ram Dass
....Petitioner
Versus
N.K. Sharma and Ors.
....Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Jagjot Singh, Advocate for the petitioner.
Mr. Manish Dadwal, AAG, Haryana.
Mr. Amit Kumar, Advocate for respondents No.3 and 4.
ARVIND SINGH SANGWAN J. (Oral)
The petitioner alleges violation of the order dated 31.10.2012 vide which without adhering to the facts of the writ petition or the claim set up by the petitioner, it was directed to decide the legal notice.
On the face of it, except for issuance of a direction to decide the legal notice, no further direction was given.
Counsel for the petitioner submits that as per the legal notice, the petitioner is claiming that the Railway Authority is in illegal possession. It appears that during the pendency of the writ petition, some demarcation has been done and counsel for the petitioner submits that the respondents are found to be in illegal possession of the petitioner’s land.
Be whatsoever, the order stands complied with and the present contempt petition is accordingly, dismissed.
However, liberty is granted to the petitioner to avail the alternative remedy in accordance with law, if so advised.
(ARVIND SINGH SANGWAN)
JUDGE 22.02.2023 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
MOHD YAKUB 2023.02.23 14:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether the respondent is in contempt for not complying with a direction to decide a legal notice before which claim of illegal possession was made.
Ram Dass
N.K. Sharma
Arvind Singh Sangwan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
