LATE SHAM SUNDER GUPTA DECEASED THROUGH HIS LR AMIT VIJAY v. STATE OF HARYANA AND OTHERS
CWP/16208/2025 · 2025-05-28
Deepak Sibal, Lapita Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66334 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66334 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.166
CWP-16208-2025 Date of decision : 28.05.2025
Sham Sunder Gupta (deceased) through his LR
.…. Petitioner Versus State of Haryana and others
..... Respondents
CORAM :
HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MS. JUSTICE LAPITA BANERJI
Present : Mr.Abhinav Sood, Advocate, for the petitioner. Mr.Saurabh Mago, DAG, Haryana. * * * * * DEEPAK SIBAL, J. (Oral)
1.
At the outset, learned counsel for the petitioner submits that at this stage, he would be satisfied if the present writ petition is disposed of with a direction to respondent No.3-Executive Engineer, Haryana Public Works (Buildings & Road) Department, Ballabgarh, District Faridabad, Haryana to expeditiously dispose of the matter on the basis whereof the petitioner was issued show cause notice dated 13.05.2025 (Annexure P-12) under Section 3 of the Haryana Road Infrastructure Protection Act, 2017 (for short, the Act) to which the petitioner has also filed a reply.
2.
Learned State counsel, who appears on advance notice, has no objection to the acceptance of the afore alternate prayer made on behalf of the petitioner.
3.
In the peculiar facts of this case, the petitioner’s afore alternate prayer is found to be reasonable. Learned State counsel has also no objection to its acceptance. Even otherwise, a direction to adjudicate upon a lis expeditiously also prejudices none. Rather, a direction issued to decide a lis pending between the parties, at an early stage, is in the interest of both the parties.
4.
In the light of the above, the instant petition is disposed of with a direction to respondent No.3 to decide the issue for which show cause notice dated 13.05.2025 (Annexure P-12) was issued to the petitioner under Section 3 of the Act, within one week from the date of receipt of a copy of this order, after hearing all concerned and in accordance with law.
[DEEPAK SIBAL]
JUDGE
28.05.2025
[LAPITA BANERJI] shamsher
JUDGE
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SHAMSHER SINGH 2025.05.29 19:23 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh