High CourtsDivision Bench(2018) 04 P&H CK 0159

Rohtash Singh vs State Of Haryana And Ors

Punjab And Haryana At Chandigarh · Decided on 3 April 2018

HON’BLE JUDGES
Ajay Kumar Mittal, J · Anupinder Singh Grewal, J
RESULT
Dismissed
CASE NUMBER
CWP-8121-2018

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Judgment

11 paragraphs · 194 words

AJAY KUMAR MITTAL, J. (ORAL), ANUPINDER SINGH GREWAL, J

The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, mandamus or

any other writ for setting aside the action of the respondents in closing the street between H.No.483 and H.No.1922 connecting Shiv Colony with

Urban Estate by constructing a wall with further directions not to close the street which is against their own decision dated 31.07.2015 (Annexure P-

3).

2.

After arguing for some time, learned counsel for the petitioner submitted that he may be allowed to withdraw the instant petition with liberty to the

petitioner to approach the civil court raising the grievance, as has been sought to be raised in the present writ petition, as certain disputed questions of

fact are required to be established by leading evidence which can be more effectively proved in the Civil Court.

3.

Dismissed as withdrawn.

4.

It shall, however, be open to the petitioner to take recourse to the remedies, either by approaching the Civil Court or avail an alternate remedy as

may be available to him, in accordance with law.