GULSHAN RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through the present writ petition has challenged order dated 7.7.1988, Annexure P-3/A passed by the Commissioner and Secretary to Government Haryana, Local Self Government, Chandigarh whereby order dated 25.5.1982, Annexure P-1/A vide which the approval for leasing out 90 Sq. yards of land belonging to the Municipal Committee, Rohtak, in favour of the petitioner was accorded, was cancelled.

(2.) The case put forward by the petitioner in nutshell is that there is a vacant land measuring about 90 sq. yards lying in front of the house of Sarvshri Devi Dayal and Ram Krishan and abutting the shop of petitioner Gulshan Rai. Vide order dated 25.5.1982 (Annexure P-1/A) Government of Haryana sanctioned to grant lease of the land in question to the petitioner as per his request to the Municipal Committee, Rohtak, after leaving land for the road. Before the lease deed could be executed, Devi Dayal etc. filed a suit for permanent injunction in the civil Court at Rohtak for retraining the Municipal Committee, from granting lease. According to them, the grant of lease would obstruct their passage to their own property. The said suit was decided by the Senior Sub Judge, Rohtak, on 18.1.1986 whereby the main relief was declined and the suit was dismissed. However, it ws observed that since the passage was not defined by the Government in the letter sanctioning the lease of the property, so the Administrator Municipal Committee, Rohtak, was directed to leave the passage of 10 ft. wide from the main road upto shop of Devi Dayal and from the shop of Devi Dayal the width of the passage was to be 6 ft. in front of the house of Shri Sita Ram which was to run for the whole length measuring about 40 feet.

(3.) Almost simultaneously the petitioner had also filed a suit in the Court of Senior Sub Judge, Rohtak, for issuance of mandatory injunction for directing the Municipal Committee, Rohtak to implement the order of the Haryana State for leasing out the property to him, after compliance of all the formalities and the execution and registration of the lease deed. The said suit was also decided by the learned Senior Sub Judge, Rohtak, on 18.1.1986 whereby the suit was decreed subject to the condition of leaving passage as directed in civil suit filed by Sarvshri Devi Dayal etc. mentioned above.