- (1.) THE petitioner has preferred this writ petition for assailing the impugned notice dated 22nd of January 2014 (Annex.9) issued by the second respondent and has further prayed for restraining the respondents from taking any coercive action against him pursuant to the said notice. Alternatively, the petitioner has also prayed that the respondents may be directed to regularize the alleged excess land in excess on which he is in possession.
(2.) DURING the course of arguments, learned counsel for the petitioner, Mr. Purohit, has confined his prayer only to the extent that the reply to the impugned notice submitted by the petitioner before the Commissioner, Municipal Council, Sri Ganganagar be considered appropriately by the authority and a direction to this effect be issued to the Commissioner, Municipal Council, Sri Gangangar. By the impugned notice dated 22nd of January 2014, the Commissioner has pointed out that petitioner is in possession of excess land measuring 221 Sq.ft. and this being encroachment on the excess land which is liable to be removed within 15 days. In response to the said notice, the petitioner has submitted a detailed reply narrating therein that the entire construction on the disputed land was raised by his predecessor -in -title after seeking requisite permission from the Municipal Council and the entire construction was carried out as per the approved plan. The petitioner has also submitted in the reply that the construction, which was raised on the land in question, is not causing any annoyance to public at large and no part of it has violated any of the bye -laws of the Municipal Council. With these submissions, the petitioner has made a request for dropping the proceedings pursuant to the notice. In the alternative, in reply to the notice the petitioner has also prayed for allotment of the land alleged to be excess in his possession in accordance with law in the form of strip of land. The learned counsel for the petitioner has submitted that the Municipal Council in such matters has passed orders for allotting excess land in the form of strip of land but the said treatment has not been meted out to the petitioner.
(3.) WITHOUT expressing any opinion on the merits of the claim of the petitioner and the grievances ventilated by the petitioner in his reply to the impugned notice, I deem it just and proper to dispose of the writ petition with direction to the Commissioner, Municipal Council, Sri Ganganagar to take a decision on the reply to notice submitted by the petitioner objectively strictly in accordance with law within a period of 30 days from the date of production of this order. Till final decision on this reply/explanation furnished by the petitioner, no coercive action be taken against the petitioner.;