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2025 DAILYLAW 31733 (PNJ)

GLS INFRATECH PRIVATE LIMITED v. STATE OF HARYANA AND ORS

CWP/6297/2025 · 2025-03-17

Harsh Bunger

Public Interest Litigationbody2025

Judgment text

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133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6297-2025 Date of Decision: 17.03.2025 GLS INFRATECH PRIVATE LIMITED ...Petitioner Vs. STATE OF HARYANA AND ORS ...Respondent(s) CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present: Mr. Anil Mehta, Advocate and Mr. Prashant Kapila, Advocate for the petitioner. Ms. Upasana Dhawan, AAG, Haryana. Mr. Jagdish Manchanda, Advocate and Mr. Nischal Chetanya Manchanda, Advocate for respondents No.2 and 3-M.C Sohna. HARSH BUNGER, J. (Oral) 1. Prayer in the present petition, filed under Articles 226/227 of the Constitution of India, 1950, is for issuance of a writ in the nature of mandamus to direct the respondents to remove the encroachment 7 karam wide rasta in terms of order dated 20.02.2025 passed by the Director, Town and Country Planning, Haryana (Annexure P-14). 2. Mr. Jagdish Manchanda, Advocate and Mr. Nischal Chetanya Manchanda, Advocate have put in appearance and filed their common Vakalatnama on behalf of respondents No.2 and 3 in the Court today, which is taken on record, subject to all just exceptions. Learned counsel for respondents No.2 and 3 submits that neither the petitioner nor anyone else from the office of Town and Country Planning, Haryana has approached them with any application/representation, seeking removal of encroachment over the 7 karam wide rasta, as noticed above. MAMTA 2025.03.25 16:09 I attest to the accuracy and integrity of this order/judgment CWP-6297-2025 -2- 3. At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw the present Civil Writ Petition so as to enable the petitioner to approach respondent No.3 with a detailed representation seeking removal of encroachment from the 7 karam wide rasta in terms of order dated 20.02.2025 (Annexure P-14). He further submits that the time bound direction may be issued for deciding the representation so filed by the petitioner. 4. Learned counsel appearing for respondents No.2 and 3 as well as learned State counsel do not oppose the said course of action being adopted. 5. Keeping in view of the statement made by the learned counsel for the petitioner, the present Civil Writ Petition is dismissed as withdrawn. 6. However, in case, the petitioner submits a representation to respondent No.3, in terms of order dated 20.02.2025 (Annexure P-14) within a period of two weeks from the date of receipt of certified copy of this order, the respondent No.3 shall take necessary action in accordance with law, after affording due opportunity of hearing to all the stakeholders, within a period of six weeks from the date of submission of the said representation/application, if any. 17.03.2025 (HARSH BUNGER) M.Sikka JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No MAMTA 2025.03.25 16:09 I attest to the accuracy and integrity of this order/judgment