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Date ofPronouncement: 06.04.2018
RAJPAL Petitioner
Through : Mr. Sunil Kumar Mund, Mr. R.K. Tiwary and
Mr. Amamath Jaiswal, Advs.
Through : Mr. Neeraj, Sr. Adv. with Mr. Sahaj Garg, Adv. for R-1.
Mr. Devesh Singh, ASC (Civil) GNCTD for R-2&3.
CMNo.13200/2018 J \ •
JUDGMENT
1. Allowed, subject to just exceptions; ^ • W.P.(C) 3346/2018 & CM No.l3199/20i[8]
2. Issue notice to the responidents.:'Mr;' DeyesH Singh accepts notice on behalf of respondent no.2 and 3 while Mr. Sahaj Garg accepts notice on behalf of respondent no.1.
3. Learned counsels appearing for the,respondents say that in view of the order that I propose to pass today, they do not wish to file a counter affidavit in the matter.
4. Thie prayer made inthewritpetition is as follows: "(i) Restraining the respondents from demolishing the cow shed of the petitioner over his ancestral land bearing Share No 232/141 admeasuring 2.19 bhigas in Aiya Nagar Village anyfurther, withoutfollowingthe dueprocess oflaw. 2018:DHC:8583 /f %-
(ii) Pass any such other orders as this Hon'Dle court may deemfit in the presentfacts and circumstances. "
5. Learned counsel for the petitioner says that no show cause notice was issued before the steps were taken to demolish the subject cow shed; which, he claims to have constructed on ancestral land, as described in the prayer extracted above.
6. In view of the above, the writ petition is disposed of with a direction that respondent no.2 and 3, will treat,the instant writ petition as a representation. The petitioner will appear before respondent no.2 and 3 on 18.4.2018 at 11:00 a.m.
7. In case the date given above for grant of.hearing to the petitioner is not convenient to respondent no;2 and 3,'a written notice will be issued to the petitioner communicating a fresh date, which will be;, j ' proximate to the date indicated above.
8. The respondent no.2 and 3 will; hear^the'.petitioner and/or his authorized representative. After hearing^is iconelud in the matter respondent no.2 and 3 will pass a speakingiordef;;• A/copy of the order will befurnished tothe petitioner. Incase the p^ is aggrieved, he will have the liberty to challenge the said order, albeit in accordance with law.
9. Pending conclusion of the proceedings, rid coercive measure will be taken qua the subject cow shed. Furthermore, if the order passed by respondent no.2 and 3 is not in the interest of the petitioner, the same shall not be given effect for a period of one week to enable the petitioner to take recourse to an appropriate remedy.
10. The pending application is, accordingly, closed.
11. Dasti to all the parties. C ^, / vi.JUUv 'a' RAJIV SHAKDHER, J APRIL 06, 2018 mk •' f- •,., f ite X '•.• •'. - i ' - •