Present : Mr.Aashish Chopra Advocate for the Petitioner. Vs. Chander Mohan Khatana .....Petitioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1158596
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPresent : Mr.Aashish Chopra Advocate for the Petitioner.
RespondentChander Mohan Khatana .....Petitioner
Excerpt:
in the high court of punjab & haryana at chandigarh civil writ petition no.12776 of 2014 date of decision: july 07, 2014 chander mohan khatana .....petitioner versus state of haryana and others .....respondents coram : hon'ble mr.justice surya kant. hon'ble mrs.justice lisa gill. present : mr.aashish chopra, advocate, for the petitioner. -.- 1. whether reporters of local papers 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?. --- surya kant, j. (oral) the petitioner's grievance is against the grant of licence no.77 of 2013 (annexure p-1) to respondent no.10- builder in collaboration with respondent nos.3 to 9. the petitioner alleges that the above-stated licence has been procured by the respondents on the basis of forged and fabricated revenue record depicting the rasta (passage) which in fact does not exist either in the revenue record or at the site. the above-stated issue has been specifically raised by the petitioner in his representation dated 24.06.2014 (annexure p-2) addressed to the director general, town & country planning department, haryana. it may be mentioned here that the petitioner has also applied for the grant of licence in collaboration. it is his case that due to issuance of the licence to private respondents, the petitioner's entitlement has been adversely effected. in this backdrop, the petitioner kumar mohinder 2014.07.30 12:13 i attest to the accuracy of this order chandigarh cwp no.12776 of 2014 [2].has approached this court. having heard learned counsel for the petitioner and considering the fact that a compliant has already been lodged with the authorities highlighting the alleged illegalities in the grant of licence to the respondents, we dispose of this writ petition with a direction to respondent no.2 to take cognizance of the said compliant and decide the same after hearing all the stake holders and in accordance with law. needful shall be done within a period of two months from the date of receiving a certified copy of this order. meanwhile, creation of third party rights by respondent nos.3 to 10 shall be without prejudice to the legal rights of the petitioner. ordered accordingly. dasti. [surya kant].judge july 07, 2014 [lisa gill].mohinder judge kumar mohinder 2014.07.30 12:13 i attest to the accuracy of this order chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12776 of 2014 Date of Decision: July 07, 2014 Chander Mohan Khatana .....Petitioner versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MRS.JUSTICE LISA GILL.

Present : Mr.Aashish Chopra, Advocate, for the petitioner.

-.- 1.

Whether Reporters of Local papers 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?.

--- Surya Kant, J.

(Oral) The petitioner's grievance is against the grant of Licence No.77 of 2013 (Annexure P-1) to respondent No.10- builder in collaboration with respondent Nos.3 to 9.

The petitioner alleges that the above-stated licence has been procured by the respondents on the basis of forged and fabricated revenue record depicting the Rasta (passage) which in fact does not exist either in the revenue record or at the site.

The above-stated issue has been specifically raised by the petitioner in his representation dated 24.06.2014 (Annexure P-2) addressed to the Director General, Town & Country Planning Department, Haryana.

It may be mentioned here that the petitioner has also applied for the grant of licence in collaboration.

It is his case that due to issuance of the licence to private respondents, the petitioner's entitlement has been adversely effected.

In this backdrop, the petitioner Kumar Mohinder 2014.07.30 12:13 I attest to the accuracy of this order Chandigarh CWP No.12776 of 2014 [2].has approached this Court.

Having heard learned counsel for the petitioner and considering the fact that a compliant has already been lodged with the authorities highlighting the alleged illegalities in the grant of licence to the respondents, we dispose of this writ petition with a direction to respondent No.2 to take cognizance of the said compliant and decide the same after hearing all the stake holders and in accordance with law.

Needful shall be done within a period of two months from the date of receiving a certified copy of this order.

Meanwhile, creation of third party rights by respondent Nos.3 to 10 shall be without prejudice to the legal rights of the petitioner.

Ordered accordingly.

Dasti.

[SURYA KANT].JUDGE July 07, 2014 [LISA GILL].Mohinder JUDGE Kumar Mohinder 2014.07.30 12:13 I attest to the accuracy of this order Chandigarh