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2002 Supreme(P&H) 353

HARJIT SINGH BEDI
Partap Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioners:Mr. Y.P. Malik, Advocate.
For the Respondents: Mr. Sanjay Vashisth, DAG, Haryana.

JUDGMENT

H.S. Bedi, J. - Petitioners Partap Singh (since deceased) and his brother Rajpal, who is stated to be serving in the Army, sold 7 kanals 17 marlas agriculture land situated in village Siwah to M/s. Novelty Spinning Mills Private Limited, G.T. Road, Panipat through a registered sale deed dated 9.2.1989 (Annexure P-1). Respondent No. 2, The District Town Planner, Painpat, thereafter lodged the present F.I.R. against the petitioners on 22.1.1991 (Annexure P-2) alleging that by selling the land in question, the petitioners had infringed the provisions of Section 7 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as the Act) as they had sub-divided their land for selling the same for residential and commercial purposes without obtaining a licence from the Director, Town and Country Planning, Haryana, Chandigarh. The police after due verification filed a challan against the petitioners alleging that only one transaction had taken place i.e. the one made on 9.2.1989. The petitioners thereafter approached this Court by way of the present petition for quashing of the F.I.R. and all other consequential proceedings arising therefrom on the gr
















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