RAKESH KUMAR JAIN
Amarjeet Kaur – Appellant
Versus
State of Haryana – Respondent
Mr. Rakesh Kumar Jain, J.:- The petitioners have challenged the order dated 23.07.2015 passed by respondent no.2, by which the property of the petitioners has been sealed under Section 263A of the Haryana Municipal Corporation Act, 1994 (hereinafter referred to as the “Act”) and prayed for issuance of a direction to respondent no.2 to open the seal and regularize their property in terms of the order dated 08.07.2013 passed by the Chief Judicial Magistrate, Karnal.
2. In short, the property bearing No.7B-556/97, Imambada, Sadar Bazar, Karnal, was owned by Gurdial Singh @ Gulzar Singh, predecessor-ininterest of the petitioners. He had raised construction of a godown of 11' x 40' for storing wood for commercial purposes in the area falling in the residential zone, without obtaining proper approval of the concerned authorities. He was served with a notice dated 15.10.2007 to demolish the illegal building within 7 days, failing which he was asked to pay fine. He did not respond to the said notice and, thus, a Complaint No.66/08, under Section 208 of the Haryana Municipal Act, 1973 (hereinafter referred to as the “Act of 1973”), was filed before the Chief Judicial Magistrate, Kar
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