Lakshmi Chand vs State of Punjab - 2023 Supreme(P&H) 3256

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3256

SANDEEP MOUDGIL
Lakshmi Chand – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Vipul Aggarwal, Advocate; For the Petitioner
Mr. JS Toor, Advocate for the respondent

Table of Content
1. petitioner seeks quashing of complaint. (Para 2 , 3)
2. complaint filed without proper authorization. (Para 4 , 6)
3. issues with notice and legal irregularities. (Para 7 , 10)
4. court's opinion on petition success. (Para 11 , 12 , 17)
5. requirements for issuing notices under 1911 act. (Para 14 , 15 , 16)
6. petition allowed; complaints quashed. (Para 18)

JUDGMENT

Sandeep Moudgil, J.

CRM-M-1968 and 1973-2023

Allowed as prayed for. Documents (Annexure P10 to P14) are taken on record subject to all just exceptions.

CRM stands disposed of.

Main case

2. The petitioner, inter alia, seeks quashing of the complaint No.70 dated 04.10.2018 under Sections 195A and 228 of the PUNJAB MUNICIPAL ACT , 1911 (Annexure P6) and the impugned order dated 02.03.2019 (Annexure P9) vide which charges under Sections 195A and 228 of the PUNJAB MUNICIPAL ACT , 1911 have been framed.

3. Learned counsel for the petitioner submits that the petitioner had purchased a constructed residential house in 2009 from Puran Singh vide registered sale deed dated 18.03.2009 and is residing there since then. At that time, the said area fell within the Gram Panchayat of Nayagaon and as such no approval/sanction