SIRI CHAND Vs. STATE OF HARYANA
LAWS(P&H)-2001-10-37
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 10,2001

SIRI CHAND Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

N.K. Sud, J. - (1.) THIS writ petition has been filed challenging the vires of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short the Act) and the Haryana Development and Regulation of Urban Areas Rules, 1976 (for short the Rules). Further, it has also been prayed that the First Information Reports filed against the petitioners under the said act be also quashed.
(2.) THE learned counsel for the parties are agreed that as far as the question of vires is concerned the matter stands concluded by the Full Bench of this Court in Kishan Chand v. State of Haryana and Ors., C.W.P. No. 767 of 1978 decided on 17.3.1978. Accordingly, the vires of the Act and the Rules is upheld. Coming to the second prayer it is seen that the First Information Reports against the petitioners have been challenged on various grounds mentioned in para 12(ii) of the Writ Petition. It has also been argued that if a case for prosecution against the petitioners did exist, the respondents ought to have proceeded against Registering Authority also who was equally liable. After hearing the counsel for the parties, I am of the view that the petitioner can raise all these contentions before the appropriate criminal Court as and when action is initiated against them on the basis of the impugned First Information Reports.
(3.) THE writ petition is, accordingly, disposed of in the above terms. The petitioners shall be free to raise all he grounds against the F.I.R.S which have been raised in the present petition before the Criminal Court. However, in the circumstances of the case, there shall be no order as to costs.;


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