MUNICIPAL COUNCIL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) MUNICIPAL Council, Sirsa has approached this Court for direction to quash the decision taken by the Deputy Commissioner, Sirsa in transferring the development works of Auto Market Sirsa to Improvement Trust, Sirsa.

(2.) THIS is not the first attempt. The earlier wit petition filed by the Municipal Council to seek similar relief was got dismissed as withdrawn to file fresh by bringing on record the subsequent developments. Without any major change, the present writ petition has been filed praying for the same relief.

(3.) WHEN the Petitioner's counsel had approached this Court on an earlier occasion through CWP No. 2547 of 2011, the counsel was asked to show documents to prove ownership of Municipal Committee over the land for entitling the Petitioner to develop the Auto Market at said place. Instead of complying with the order, the counsel choose to withdraw the writ petition to file a fresh, which permission was granting thinking that some record in this regard would be produced. The situation has not improved any further. This may convey an impression that the earlier writ petition was withdrawn only to get over this query and the present one has been filed with some cosmetic changes perhaps to avoid answering the query. This query ofcourse was repeated but could not be satisfactorily answered. Except for making reference to some part of resolution, Annexure P -11, where Council was authorised to transfer/sell the plots to Auto Market, no document could be produced to show ownership of the Council over this land. This ground alone would be sufficient to decline interference for invoking writ jurisdiction for the relief claimed. Still the counsel is permitted to make submissions.