APURVA

2025.04.25 19:25 Ward No.9, Municipal Committee, Mahendergarh, on account of his being an encroacher over the Municipal Committee land/passage.

2. Briefly, respondent No.7 (Rohtas), who is the father of respondent No.8 (Devender @ Sonu); is stated to have constructed a house over an area measuring 193 sq. yards., situated within Mohalla Rathoran, Ward No.10, Mahendergarh. It is stated that when respondent No.8 was elected as Councilor from Ward No.9, Municipal Committee, Mahendergarh then during the Covid period, respondents No.7 and 8 encroached upon 46.6 sq. yards of the Government land and made illegal constructions thereon, by removing the drainage line from its actual place. The said encroachment is stated to have been done on the land/passage falling in between the house of petitioner and respondents No.7 and 8.

2.1 It is stated that a notice under Section 181 of the Haryana Municipal Act, 1973, dated 22.05.2020 (Annexure P-4), was issued to respondents No.7 and 8, but they did not stop the illegal construction despite the said notice being served upon them. Thereafter, petitioner is stated to have approached the Municipal Committee, whereupon, the area of respondent No.7 was got demarcated, which was found to be 239.6 sq. yards, thereby clearly indicating the illegal encroachment over 46.6 sq. yards of the land. It is stated that several other notices (Annexures P-6 and P-7) were also issued, however, the illegal encroachment was not vacated by respondents No.7 and 8. Thereafter, petitioner is stated to have submitted representation dated 10.09.2020 (Annexure P-8) before the Deputy Commissioner, Narnaul, still no action was taken against the said illegal encroachment.

2.2 Subsequently, petitioner approached this Court by way of filing APURVA

2025.04.25 19:25 I attest to the accuracy and a writ petition (CWP No.17374 of 2020), thereby placing reliance upon the directions issued by this Court vide order dated 11.12.2008 (Annexure P-9) passed in CWP No.17664 of 2005, titled as “Rajan Goel and another Vs. State of Haryana and others”. It is clarified here that CWP No.17664 of 2005 was disposed of in terms of an earlier decision rendered in CWP No.4886 of 2003.

2.3 The said CWP No.17374 of 2020, filed by the petitioner, was withdrawn with liberty to avail his remedy of filing a contempt petition, vide order dated 11.12.2020 (Annexure P-10). Thereafter, petitioner preferred Contempt Petition (COCP No.365 of 2021), wherein a statement was made on behalf of the State of Haryana that necessary action would be taken on the representation submitted by the petitioner, and accordingly, vide order dated 12.02.2021 (Annexure P-11), the said contempt petition was disposed of with a direction to the respondents therein to decide the representation submitted by the petitioner in terms of order dated 04.10.2008 passed in CWP No.4886 of 2003; and in case of non-compliance, a further liberty was granted to the petitioner to seek revival of the Contempt Petition.

2.4 It appears that petitioner herein submitted an application (CM No.4130-CII of 2021) in the above referred Contempt Petition, seeking revival of the same; wherein, reply by way of affidavit of the Secretary, Municipal Committee, Mahendergarh, was filed, indicating that the Committee had got the land demarcated from a Junior Engineer, who reported that there was no encroachment on the land of Municipal Committee and the plot qua which unauthorized possession had been alleged, falls within Laal Dora. The said application (CM No.4130-CII of 2021) came to be dismissed by this Court vide order dated 15.05.2024 APURVA

2025.04.25 19:25 I attest to the accuracy and (Annexure P-16).

3. In the aforementioned circumstances, petitioner has filed the instant writ petition before this Court seeking relief(s), as noticed hereinabove.

4. Heard.

5. Petitioner herein is alleging encroachment over the Municipal Committee land/passage by respondents No.7 and 8. Upon perusal of the paper book, it is reve