MANSUKHBAI POPATBHAI KAKADIA Vs. AVANTIKA SINGH AULAKH COLLECTOR

JUDGEMENT

(1.) THE basis of the present petition is the alleged breach and non-compliance to the order passed by the learned Single Judge of this Court in SCA No.11426 of 2012, whereby the representation of the petitioner was directed to be decided within some time limit.

(2.) PURSUANT to the notice issued by this Court, affidavit-in-reply has been filed by Respondent No.1, stating that the action has been taken for removal of the encroachment based on the representation of the petitioner.

(3.) IN our view, the learned Single Judge had only directed to decide the representation of the petitioner and there is no specific direction for removal of the encroachment. If the action is taken, the order cannot be said to be breached, but with the clarification that in the event the petitioner finds that the action is not properly taken as was expected to be taken in accordance with law, it will be for the petitioner to resort to appropriate substantive proceedings for appropriate direction.