The High Court allowed the condonation of a 59-day delay in filing an appeal against a writ petition dismissal. The matter was then disposed of, as the appellant had liberty to pursue alternative remedies.
Delay of 59 days condoned; leave to appeal granted; appeal disposed of with liberty to seek alternative remedy.
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LPA No.1085 of 2024
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Date of decision: 05.09.2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1085 of 2024 (O&M)
Sanjay Sharma
....Appellant
Versus
State of Haryana and Ors.
....Respondents
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present: Mr. Sanjeev Sharma, Advocate for the appellant.
G.S. SANDHAWALIA, J (ORAL) CM-2628-LPA-2024
Prayer is for condonation of 59 days delay in filing the appeal.
For the reasons recorded in the application, which is supported by an affidavit, the same is allowed. Delay of 59 days in filing the appeal is condoned.
Main case
1. Present appeal is directed against judgment dated 04.12.2023 passed in CWP No.20392 of 2022 whereby writ petition filed by the petitioner has been dismissed primarily on the ground that there was a dispute as such regarding the nature of land and contention of the petitioner was that there was a public street, which was being encroached upon.
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LPA No.1085 of 2024
show that State counsel was directed to get instructions. Respondent No.4-M.C filed a short reply, which stated that respondent No.4 had constituted a committee to bring on record the status report of the plot/land in question. Said report was placed on record as Annexure R-4/1 vide which it was found that the area in dispute was a private plot and the same did not fall in the category of public rasta. Based on the said report, the writ petition was dismissed, however, appellant has been allowed to avail of the alternative remedy, as per law.
(G.S. SANDHAWALIA) JUDGE
September 05, 2024 (MEENAKSHI I. MEHTA) manoj JUDGE
MANOJ KUMAR 2024.09.10 04:04
1 issue framed by the court
Whether to condone the delay of 59 days in filing the special leave petition.
SANJAY SHARMA
STATE OF HARYANA
G.S. SANDHAWALIA
MEENAKSHI I. MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
