TRUCK OPERATORS UNION Vs. STATE OF HARYANA

JUDGEMENT

(1.) RESPONDENTS No. 1 to 3 initiated proceedings under the Haryana Public Premises and Land (Eviction & Rent Recovery) Act, 1972 against petitioners No. 2 and 3. The Collector found that the land measuring 19 Kanals 12 Marlas was in unauthorised occupation of the present petitioners. He ordered their eviction and also imposed a penalty of Rs. 50,000/- for their illegally occupying the land. The two petitioners filed an appeal. They did not challenge the finding that they were in unauthorised occupation or that they were liable to be evicted. They only claimed that the penalty of Rs. 50,000/- was excessive. The appeal was dismissed by the Commissioner vide order dated September 1, 1999. Copies of the two orders have been produced as Annexures P.16 and P.17 with the writ petition. After the passing of these orders, the three petitioners viz. the Truck Operators Union and the two individuals have filed this petition with the prayer that the orders be quashed and that a direction for the restoration of possession be given.

(2.) NOTICE of motion was issued. A written statement has been filed on behalf of respondents No. 1 to 3. The claim made on behalf of the petitioners has been controverted.

(3.) THE claim made on behalf of the petitioners has been controverted by the counsel for the respondents. It has been inter alia pointed out that petitioners No. 2 and 3 have even filed a civil suit for permanent injunction. This suit was dismissed by the Civil Judge, Kurukshetra vide order dated February 24, 1999. The facts having been found by the Civil Court and the claim by the petitioners having been rejected, the writ petition is not maintainable. In any event, the petitioners have not disclosed the factum of the civil suit in the writ petition. They are guilty of suppressing relevant information and, thus, not entitled to invoke the discretionary jurisdiction of this Court.