Punjab-Haryana High Court
Krishan Lal vs State Of Haryana And Others on 27 September, 2012
Bench: Rajive Bhalla, Rekha Mittal
CWP No.19309 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.19309 of 2012
Date of Decision:27.09.2012
Krishan Lal ..... Petitioner
VERSUS
State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr.Sanjay Verma, Advocate, for the petitioner.
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RAJIVE BHALLA, J (ORAL)
The petitioner, prays for issuance of a writ of certiorari for quashing show cause notice dated 06.09.2012, issued by the Block Development & Panchayat Officer, Pataudi, calling upon the petitioner to remove his unauthorised possession from the village path, within seven days.
Counsel for the petitioner submits that it is true that the petitioner was ordered to be ejected from the passage, vide orders dated 11.06.1996 and 29.09.1997, but as in execution, the petitioner vacated the path, the matter was not proceeded any further. Respondents No.7, however, filed a fresh petition for enforcement of these orders and for initiation of contempt proceedings. The petitioner pointed out that he had already removed his unauthorised possession. The petition was, therefore, dismissed on 14.08.2000. Respondent No.7 thereafter filed CWP No.6841 of 2012 without disclosing these facts. The writ CWP No.19309 of 2012 -2- petition was disposed of by granting liberty to the petitioner to invoke his alternative remedy. The petitioner, has by misusing this order, filed an application before the Block Development & Panchayat Officer, Pataudi, to remove unauthorised possession from passage bearing Khasra No.80/2. It is contended that as the impugned show cause notice, dated 06.09.2012 is clearly malafide and without jurisdiction, it should be quashed.
We have heard counsel for the petitioner and as it appears that no action has been taken on the impugned show cause notice, dated 06.09.2012, liberty is granted to the petitioner to place all relevant facts before the Block Development & Panchayat Officer, Pataudi, who shall proceed further only after considering the petitioner's reply and after passing a speaking order.
Disposed of accordingly.
[ RAJIVE BHALLA ]
JUDGE
27.09.2012 [ REKHA MITTAL ]
shamsher JUDGE