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Judgment
The petitioner''s grievance is that the respondents have not
taken any action against the private respondent despite an order dated
05.07.2016 (Annexure P-6) issued by the Estate Officer, HUDA, Jind to the
private respondent to dismantle the encroachment by her.
The private respondent had filed a civil suit challenging a show
cause notice dated 10.12.2009. The petitioner had filed a counter claim
seeking a direction to the private respondent for removal of the alleged
encroachment. The suit was dismissed for want of jurisdiction. The counter
claim, however, for removal of the encroachment was dismissed on merits
by an order dated 30.04.2016. The petitioner has not challenged the order
dated 30.04.2016. It appears that thereafter the petitioner approached the
official respondents seeking an order directing the private respondent to
remove the encroachment. It is pursuant to this application that the Estate
Officer passed an order dated 5.7.2016. It seems that it has been passed on
the petitioner''s application submitted in an open darbar held on 25.06.2016.
The show cause notice which was challenged in the suit has not been
proceeded with.
In view of the above facts, we are not inclined to direct the
official respondents to remove the encroachment pursuant to the order dated
05.07.2016. If the official respondents wish to demolish any portion on the
ground that the private respondent allegedly encroached upon any area, they
shall do so in accordance with law. The only relief that we are inclined to
grant the petitioner is that the official respondents shall permit the petitioner
to be heard pursuant to the proceedings relating to the show cause notice of
the year 2009 or any fresh show cause notice.
The petition is accordingly disposed of.