Disposed¶38

Lal Chand Yadav v. State of Haryana and Ors.

Punjab & Haryana HC27 Feb 2025LPA/2871/2024

Case brief

AI extract

What is this about?

LPA-2871-2024 (O&M); Lal Chand Yadav v. State of Haryana and others; illegal colony Gurugram; Municipal Corporation Gurugram; Assistant Engineer-III (Enf.); representation dated 14.07.2024 undecided; Annexure A2; CM-7033-LPA-2024; CM-7031-2024 delay condonation 96 days; CWP-14700-2024 dismissed bereft of material particulars; order dated 03.02.2025 Annexure-A; grievance redressed appeal disposed; Sudhir Singh J; Sukhvinder Kaur J; decision date 27.02.2025; advocates Kuldeep Attri, Hitesh Pandit, Sakal Sikri, Ankur Mittal.

What did the court decide?

None beyond condonation of the 96-day filing delay; the appeal was disposed of as the appellant's grievance stood redressed upon decision of his representation (order dated 03.02.2025, taken on record as Annexure-A). ¶38

Lal Chand Yadav Vs State of Haryana and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether, the appellant's grievance having been redressed by the competent authority's decision of his representation, any further orders were called for in the appeal. +1 more

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Court's answer

As the grievance raised by the appellant stands redressed (his representation having been decided vide order dated 03.02.2025 of Assistant Engineer-III (Enf.), Municipal Corporation, Gurugram, taken on record as Annexure-A), no further orders are called for in the present appeal and the appeal is disposed of.

¶38

Ratio / Principle

Application CM-7031-2024 was allowed and the delay of 96 days in filing the appeal was condoned.

¶18

Key takeaways

Pending application(s), if any, shall also stand disposed of.ratio¶39

Detailed headnote1 paragraphs

LPA-2871-2024 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 27.02.2025 orally by Sudhir Singh, J. (bench included Sukhvinder Kaur, J.). Letter Patent Appeal by Lal Chand Yadav against the learned Single Judge's order dated 03.07.2024 dismissing CWP-14700-2024 — a petition seeking directions to official respondents to take legal action against private respondents allegedly carving out an illegal colony in the Municipal limits of Gurugram without approval/permission from the competent authority. Application CM-7031-2024 was allowed and the delay of 96 days in filing the appeal condoned. By interim order dated 23.01.2025 the Bench had directed State counsel to file a specific affidavit on action taken on the appellant's representation (filed 14.07.2024 with respondents No.2 and 3 pursuant to the liberty granted by the Single Judge). At the hearing, State counsel produced order dated 03.02.2025 of Assistant Engineer-III (Enf.), Municipal Corporation, Gurugram deciding the representation; the copy was taken on record as Annexure-A. As the grievance stood redressed, no further orders were called for; the appeal was disposed of and pending applications also stand disposed of.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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111

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LPA-2871-2024 (O&M) Date of Decision: 27.02.2025.

Lal Chand Yadav

...Appellant.

Versus

State of Haryana and others

¶8

...Respondents.

¶9

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CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MRS. JUSTICE SUKHVINDER KAUR

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.......

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Present : Mr. Kuldeep Attri, Advocate for the appellant.

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Mr. Hitesh Pandit, Addl. A.G, Haryana. Mr. Sakal Sikri, Advocate for Mr. Ankur Mittal, Advocate for respondent No.3.

¶14

¶15

SUDHIR SINGH, J. (Oral)

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CM-7031-2024

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For the reasons stated in the application, same is allowed.

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Delay of 96 days in filing the appeal is condoned.

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Main case

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On 23.01.2025, this Court passed the following order:-

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“The present Letter Patent Appeal has been preferred against the order dated 03.07.2024 passed by learned Single Judge in CWP-14700-2024. The relief sought by the appellant in this writ petition was that direction was issued to the official respondents to take legal action against the private respondents, because they are carving out illegal

¶22

KOMAL 2025.03.05 11:19 I attest to the accuracy of this document

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LPA-2871-2024 (O&M)

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-2-

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colony in the Municipal limits of Gurugram without any approval/ permission from the competent authority.

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2. In pursuance of the relief sought for and considering the facts of the case, the learned Single Judge, had disposed of the said writ petition with the following observation and liberty:-

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“From a perusal of the writ petition as well as the representation dated 06.05.2024 (Annexure P3), it is found that the petition as well as the representation are bereft of material particulars as regards the place/ area, land details etc. upon which, it is alleged that the illegal colonies are being carved out.

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Since, the writ petition is bereft of material particulars, accordingly, the same is dismissed. However, the petitioner shall be at liberty to file a detailed representation to the concerned authorities, if so advised, for the redressal of his grievance (if any).”

¶29

3. In pursuance of the liberty granted to the writ petitioner, a representation was made to respondents No.2 and 3 which is annexed as Annexure A2 with the application (CM-7033-LPA-2024). It is further submitted that the said representation was filed on 14.07.2024 and till date, the same has not been decided by the respondents.

¶30

4. Learned counsel for the State is directed to file a specific affidavit stating as to what action has been taken on the representation filed by the appellant and why no final order has been taken thereon till date.

¶31

5. Put up on 29.01.2025.”

¶32

Today learned counsel for the State has produced on record a

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copy of order dated 03.02.2025 passed by Assistant Engineer-III (Enf.), Municipal Corporation, Gurugram, whereby the representation of the appellant has been decided. The copy of order dated 03.02.2025 is taken on record and marked as Annexure-A.

¶34

KOMAL 2025.03.05 11:19 I attest to the accuracy of this document

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-3-

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LPA-2871-2024 (O&M)

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As the grievance raised by the appellant stands redressed, no

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further orders are called for in the present appeal and the same is hereby disposed of.

¶39

Pending application(s), if any, shall also stand disposed of.

¶40

(SUDHIR SINGH) JUDGE

¶41

(SUKHVINDER KAUR)

JUDGE

27.02.2025

Komal

Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No

¶46

KOMAL 2025.03.05 11:19 I attest to the accuracy of this document

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 03.07.2024 of the learned Single Judge dismissing writ petition CWP-14700-2024 as bereft of material particulars, while granting the petitioner liberty to file a detailed representation to the concerned authorities.¶21
High Court of Punjab and Haryana at Chandigarh (learned Single Judge) · 03.07.2024
Prior proceeding
Writ petition CWP-14700-2024 sought directions to the official respondents to take legal action against the private respondents, who were allegedly carving out an illegal colony in the Municipal limits of Gurugram without approval/permission from the competent authority.¶25
Prior proceeding
The writ petition was accompanied by a representation dated 06.05.2024 (Annexure P3); both were found bereft of material particulars as regards the place/area, land details etc. of the alleged illegal colonies.¶27
Prior proceeding
The learned Single Judge dismissed the writ petition as bereft of material particulars.¶28
Prior proceeding
The petitioner was granted liberty to file a detailed representation to the concerned authorities, if so advised, for redressal of his grievance.¶28
Prior proceeding
In pursuance of the liberty granted, a representation was made to respondents No.2 and 3, annexed as Annexure A2 with application CM-7033-LPA-2024.¶29
Prior proceeding
The said representation was filed on 14.07.2024 and had not been decided by the respondents till the date of the Court's order.¶29
Prior proceeding
By order dated 23.01.2025, this Court directed learned counsel for the State to file a specific affidavit stating what action had been taken on the appellant's representation and why no final order had been taken thereon; matter was put up on 29.01.2025.¶30
Prior proceeding
At the hearing, learned counsel for the State produced order dated 03.02.2025 passed by Assistant Engineer-III (Enf.), Municipal Corporation, Gurugram, whereby the appellant's representation was decided.¶33
Prior proceeding
The copy of the order dated 03.02.2025 was taken on record and marked as Annexure-A.¶33

Lal Chand Yadav v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Lal Chand Yadav v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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