Punjab-Haryana High Court
Surinder Singh @ Chhinda Singh Bains vs State Of Punjab And Others on 4 February, 2013
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.2286 of 2013
Date of Decision : February 04, 2013
Surinder Singh @ Chhinda Singh Bains .....Petitioner
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.R.S.Ghuman, Advocate, for the petitioner.
-.-
1. Whether Reporters of Local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioner seeks a mandamus to the Jalandhar Development Authority through its Additional Chief Administrator to compound the criminal case arising out of FIR No.209 dated 12.08.2005 registered under Section 36 of the Punjab Apartment and Property Regulation Act, 1995 at P.S. Nawanshahr.
Learned counsel for the petitioner relies upon an order dated 30.3.2011 passed by one of us (Surya Kant, J.) in a bunch of cases including CWP No.16534 of 2008 (Rajinder Singh versus Punjab Urban Planning and Development Authority and another) (Annexure P-11) and urge that in view of the Government notification dated 9.12.2010 (Annexure P12), the petitioner's request for compounding the offence deserves compassionate consideration by respondent No.3, namely, Additional Chief Administrator of the Jalandhar Development Authority or any other Competent Authority.
CWP No.2286 of 2013 [2]The petitioner in this regard has served the authorities with a legal notice dated 3.12.2012 (Annexure P-9) also. However, having received no response that he has approached this Court.
After hearing learned counsel for the petitioner and considering the nature of relief sought in this writ petition, however, without expressing any views on merits thereof, we deem it appropriate to dispose of this writ petition with a direction to the Additional Chief Administrator, Greater Ludhiana Area Development Authority, Ludhiana, Additional Chief Administrator, Jalandhar Development Authority and any other Authority out of the respondents who is competent under the Act, to consider the above mentioned request/claim of the petitioner and dispose of the same in accordance with the Government Notification dated 9.12.2010 read with order dated 30.3.2011 passed by this Court in Rajinder Singh's case (supra). The appropriate order shall be passed in accordance with law within a period of two months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
$
(SURYA KANT)
JUDGE
$
February 04, 2013 (R.P.NAGRATH)
Mohinder JUDGE