Punjab-Haryana High Court
Municipal Committee Fazilka vs Union Of India And Others on 23 November, 2010
C.W.P No. 7963 of 1990 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P No. 7963 of 1990 (O&M)
Date of decision : November 23, 2010
Municipal Committee Fazilka, District Ferozepur
...... Petitioner
v.
Union of India and others,
...... Respondents
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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
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Present : Ms. Shilpa Malhotra, Advocate
for the petitioner.
None for the respondents.
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1. Whether Reporters of Local Newspapers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
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AJAY TEWARI, J (Oral)
By this writ petition, the petitioner has challenged the notification of the Wakf Board including some land as wakf property on the ground that the land belongs to the petitioner.
In the written statement, the following preliminary objection has been taken :-
" 1. That this writ petition is not maintainable as the petitioner has availed of an alternative remedy of filing a civil suit for declaration challenging the mutation sanctioned on the basis of notification which is pending in the Court of Addl. Senior Sub Judge, Fazilka. Since C.W.P No. 7963 of 1990 (O&M) ::2::
the alternative remedy is being availed of by the petitioner and the suit is still pending, the writ petition is liable to be dismissed on this ground alone."
This written statement was filed as far back as 30.11.1990. No replication has been filed. In the circumstances, the writ petition is dismissed on this ground. However, liberty is granted to the petitioner to seek recall of this order in case the above statement is incorrect.
No costs.
( AJAY TEWARI ) November 23, 2010. JUDGE `kk'