Punjab-Haryana High Court
Sarwan Singh And Others vs State Of Punjab And Others on 7 December, 2012
Bench: Rajive Bhalla, Rekha Mittal
Civil Writ Petition No.19634 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.19634 of 2012
Date of Decision: 07.12.2012
Sarwan Singh and others ..Petitioners
Versus
State of Punjab and others.
..Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS.JUSTICE REKHA MITTAL
Present: Mr. Naresh Kumar Manchanda, Advocate
for the petitioners.
Mr. Rajinder Goyal, Addl.A.G., Punjab
for respondent nos. 1 to 5.
Mr. Umesh Kumar Kanwar, Advocate
for respondent No.6.
RAJIVE BHALLA, J. (ORAL)
The petitioners have filed this petition with a prayer that the Gram Panchayat, Bazidpur, be directed to shut down/remove the illegal "Hadda Rori", functioning in Khasra No. 22 Killa No.18, village Bazidpur, Tehsil and District Ferozepur.
After considering averments in the petition and arguments addressed by counsel for the petitioners, the following order was passed on 03.10.2012:-
" Counsel for the petitioners submits that the land, situated within 100 meters of the abadi, is being illegally used as a `hadda rori' and despite repeated requests by the petitioners to various authorities, including Gram Civil Writ Petition No.19634 of 2012 2 Panchayat, the `hadda rori' has not been removed.
Notice of motion.
At asking of the Court, Mr. N. D.S.Mann, Additional A.G. Punjab, accepts notice on behalf of respondent No. 1 to 5 and prays for time to file reply.
Counsel for the petitioners is directed to supply five copies of the writ petition to counsel for the State, during the course of the day.
Respondent No.6 be served by dasti process. Adjourned to 19.10.2012."
The Gram Panchayat has filed a reply averring that it has already passed a resolution on 27.7.2012 to shift the "Hadda Rori", to a new location and despite letters written to the Senior Superintendent of Police, Ferozepur, no action is being taken, to ensure that the illegal "Hadda Rori" is shut down.
The Block Development and Panchayat Officer, Ghall Khurd, District Ferozepur, has filed an affidavit, admitting that the Gram Panchayat has passed a resolution relocating the "Hadda Rori", and that it has been given on lease to Malkiat Singh, for one year, but certain persons are continuing to use the old "Hadda Rori", illegally. It is also averred that matter has been reported to the Station House Officer, Police Station, Kulgarhi.
We have heard counsel for the parties, perused the replies and as the petitioners' grievance has been redressed by shifting the "Hadda Rori", to its new location, the writ petition has been rendered infructuous and is disposed of by issuing the following Civil Writ Petition No.19634 of 2012 3 directions:-
(a) The Deputy Commissioner, Ferozepur, shall ensure that record of rights is corrected to reflect the new location of the "Hadda Rori";
(b) The Deputy Commissioner and the Senior Superintendent of Police, Ferozepur, shall ensure that the old "Hadda Rori" is closed and no person, whosoever, uses this land as a "Hadda Rori" and
(c) The Deputy Commissioner and the Senior Superintendent of Police, Ferozepur, shall also ensure that no person places any impediment in the use of new "Hadda Rori", by the lessees of the Gram Panchayat.
The needful shall be done, within 15 days from receipt of a certified copy of this order.
( RAJIVE BHALLA )
JUDGE
07.12.2012 ( REKHA MITTAL )
VK JUDGE