W.P. No. 6192.11
Writ Petition No. 6192 of 2011
18-04-2011
Shri Pradeep Batra, learned counsel for the
petitioner.
Petitioner by way of this petition under Article
226 of the Constitution of India seeks direction to the
respondents/Collector, Harda and Chief Municipal
officer, Nagar Palika Parishad, Harda, not to
dispossess/interfere with the possession of the
petitioner over the land in question. The petitioner
also claims compensation of Rs. 5,00,000/- in lieu of
alleged illegal demolition of the house of the
petitioner.
Petitioner claims her to be the legal heir of one
late Thakur Guljar Singh, who was freedom fighter
and was in possession of land admeasuring 200 ft. x
200 ft. = 40,000 sq. ft. situated near Harda city
veterinary hospital in Ward No. 17, Harda, whereon
certain construction was raised by him and was
named as Guljar Bhawan.
It is the contention of the petitioner that she is
residing along with her family in the constructed
building since last 50 years and after the death of late
Thakur Guljar Singh her husband prior to his death,
had applied for mutation over the said property,
W.P. No. 6192.11
which otherwise stood in the name of Thakur Guljar
Singh.
It is contended that the respondent/Nagar Palika
Parishad, Harda in arbitrary exercise of power
demolished the entire Guljar Bhawan under the
pretext that the same was unauthorizedly constructed
over Municipal land. It is in the background of these
facts, the petitioner seeks direction for non-
interference on the land in question and a
compensation in lieu of alleged demolition.
Though the petitioner claims herself to be the
legal heir of late Thakur Guljar Singh as also owner of
the land in question; however, no cogent material is
brought on record to establish the said facts. On the
contrary, representation preferred by late husband of
the petitioner brought on record as Annexure-P/4
indicates that late Guljar Singh was not married and
the petitioner happens to be the wife of nephew of
late Guljar Singh. No document is also brought on
record indicating therein the right, title or interest of
said Guljar Singh over the land in question.
In a petition under Article 226 of the
Constitution of India it is incumbent upon the
petitioner to establish his/her legal right, in absence
whereof no mandamus can be issued. Therefore,
W.P. No. 6192.11
present petition cannot be entertained. It is
accordingly dismissed.
The petitioner, however, is set at liberty to seek
remedy in Civil Court.
Certified copy as per rules.
(SANJAY YADAV)
sc JUDGE