High Court Punjab-Haryana High Court

M/S. Omex Construction Ltd vs The Director on 18 December, 2008

Punjab-Haryana High Court
M/S. Omex Construction Ltd vs The Director on 18 December, 2008
             C.W.P No.21296 of 2008                     1


             In the High Court of Punjab and Haryana, Chandigarh.


                                          C.W.P No.21296 of 2008


                                           Date of Decision: 18.12.2008


M/s. Omex Construction Ltd.
                                                 ....Petitioner.

               Versus

The Director, Consolidation Haryana and others
                                                 ....Respondents.


Coram:- Hon'ble Mr.Justice J.S. Khehar
        Hon'ble Ms. Justice Nirmaljit Kaur


Present: Mr. P.K. Gupta, Advocate
         for the petitioner.

          Ms. Ritu Bahri, Deputy Advocate General, Haryana
          for respondent No.1.
                   ...

J.S. Khehar, J. (Oral).

Notice of motion.

On our asking, Ms. Ritu Bahri, Deputy Advocate General,

Haryana, accepts notice on behalf of respondent No.1.

Learned counsel for respondent No.1 seeks an adjournment to

obtain instructions in the matter.

Having sought instructions, learned counsel for respondent

No.1 states that the Director, Consolidation of Holding, Haryana, has

actually and factually passed an order disposing of the claim raised by

respondents No.2 and 3. Learned counsel for respondent No.1 has handed

over to us in Court today a copy of the order dated 30.10.2008. The same is
C.W.P No.21296 of 2008 2

taken on record and marked as Annexure ‘A’. A copy of Annexure ‘A’ has

also been handed over to the learned counsel for the petitioner. In view of

the handing over of a copy of the order dated 30.10.2008, the primary relief

sought by the petitioner stands disposed of.

The only other issue which remains to be adjudicated upon is

the alleged threat to the petitioner on the basis of notice dated 17.12.2008

(Annexure P-12) requiring the petitioner to participate in the proceedings

for demarcating the land in terms of the order at Annexure ‘A’, at Faridabad

on 19.12.2008 at 10.00 AM. The fear of the learned counsel for the

petitioner is, that immediately upon the demarcation of the land, possession

of the land in question shall be taken away from the petitioner. According

to the petitioner, the remedy of a writ petition against the order at Annexure

‘A’ is available to the petitioner, and as such, till the petitioner is afforded an

adequate opportunity to avail of the aforesaid remedy, dispossession of the

petitioner should be stayed.

Learned counsel for respondent No.1, in furtherance of the

claim raised by the petitioner, states that respondent No.1 has not

communicated any instructions to her, that the petitioner is to be

dispossessed of the land in question consequent upon the demarcation of the

land on 19.12.2008, in terms of Annexure ‘A’.

We are of the view, that the ends of justice would be met, if an

opportunity is afforded to the petitioner to avail of his rights to challenge

the order at Annexure ‘A’. For the aforestated limited purpose, without

expressing any views on the merits of the claim raised by the petitioner, we

are satisfied that the order at Annexure ‘A’ should not be implemented so as

to dispossess the petitioner from the land in his possession till 23.12.2008.
C.W.P No.21296 of 2008 3

Ordered accordingly.

Writ petition stands disposed of in the aforesaid terms.

A copy of this order be furnished to the learned counsel for the

petitioner under the signatures of the Special Secretary attached to this

Court.

( J.S. Khehar )
Judge

( Nirmaljit Kaur )
Judge.

18.12.2008
sk.