High CourtsDivision Bench(2012) 08 P&H CK 0304

Gulshan Kumar and others vs State of Haryana and others

Punjab And Haryana At Chandigarh · Decided on 17 August 2012

HON’BLE JUDGES
Rajiv Narain Raina, J · Hemant Gupta, J
RESULT
Dismissed
CASE NUMBER
CWP No. 15870 of 2012

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Judgment

3 paragraphs · 219 words

Hemant Gupta, J.—Mr. Agnihotri, has produced notice dated 16.08.2012 in Court, issued by the Executive Engineer, Provincial Division No. 1, PWD B&R Branch, Rohtak. The grievance of the petitioners appears to be that they are the tenants under respondent No. 3, namely, Shri Sanatan Dharam Sabha, Durga Bhawan, Rohtak, but respondent No. 3 has exchanged part of its land with the State Government for the improvement of road. Thereafter, the petitioners are said to be under threat of dispossession from the land which is in their possession under respondent No. 3.

2.

A perusal of the notice dated 16.08.2012 shows that some area of respondent No. 3 has been acquired by exchange of land for improvement of road geometry on National Highway 10 for CWP No. 15870 of 2012 -2-the benefit of road users in the public interest by the State Government. As a consequence, thereafter, the petitioners who are the shopkeepers in the acquired structure have been called upon to vacate the shops.

3.

We find that the rights of the petitioners are against respondent No. 3, who is not amenable to the writ jurisdiction of this Court. We also find that the land is required for widening of road in larger public interest. We do not find any ground to interfere in the present writ petition. Dismissed.