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This particular decision is upheld by the Punjab and Haryana High Court  through he division bench of Justice Sudhir Mittal in the case of Raj Kumar v State of Haryana and ors (CWP-12250-2022 )

FACTS

The petitioner filed CWP-(PIL)-178-2021 alleging that respondent
No. 6 had constructed shops in violation of the lease deed executed in its favour by the Municipal Committee, Ladwa and that despite a resolution having been passed by the Municipal Committee to take appropriate action, nothing was being done. It was also his grievance that land of the Johar had been illegally leased out to respondent No. 6. Vide order dated 30.11.2021, the writ petition was disposed of with a direction to take a decision upon legal notice dated 16.08.2021 submitted by the petitioner. The said legal notice has been decided vide speaking order dated
09.04.2022. This order is under challenge in this writ petition.

JUDGEMENT 

Regarding the issue of non-implementation of resolution dated
21.05.2018, suffice to say that there appears to be laxity on the part of the Municipal Council. However, before any action could be taken respondent No. 6 has filed a civil suit and the same is pending adjudication. Thus, the Administrator, Municipal Committee, Ladwa was justified in returning a finding that final action would abide by the decision of the aforementioned suit. No preemptive action can be taken. Being a defendant, the Municipal Committee can file a counter claim and a separate suit need not be filed. In view of the above, the writ petition has no merit and is dismissed.

JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

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