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Punjab-Haryana High Court

Mohinder Singh And Others vs State Of Punjab And Others on 16 October, 2012

Author: Surya Kant

Bench: Surya Kant

     IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH

                     Civil Writ Petition No.20789 of 2012
                     Date of Decision : October 16, 2012


Mohinder Singh and others                             .....Petitioners
       versus
State of Punjab and others                            .....Respondents

CORAM : HON'BLE MR.JUSTICE SURYA KANT.
        HON'BLE MR.JUSTICE R.P.NAGRATH.

Present : Mr.P.B.S.Goraya, Advocate, for the petitioners.
          Ms.Monica Chhibber Sharma, DAG, Punjab.
          Mr.Aman Sharma, Advocate, for
          Mr.Rupinder S.Khosla, Advocate, for respondent No.3.
                       -.-

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?
                         ---
Surya Kant, J. (Oral)

The grievance of the petitioners is that their status as victims of '1984 Anti-Sikh Riots' is not being determined by the Deputy Commissioner, Ludhiana, keeping in view the decision of this Court dated 14.9.2010 passed in Civil Writ Petition No.16345 of 2009 (Kuljit Singh and others versus State of Punjab and another) (Annexure P-3) which was upheld by the Division Bench vide order dated 15.2.2011 in LPA No.260 of 2011 (Greater Mohali Area Development Authority versus Kuljit Singh and others) (Annexure P-4).

The petitioners in this regard are said to have represented the Authorities several times including vide representation dated 15.5.2012 (Annexure P-7).

Suffice it would be to observe that if the petitioners are found to be bonafide victims of the 1984 riots, they shall be entitled CWP No.20789 of 2012 [2] for some benefits under the Government Policy. Hence, it is imperative upon the authorities to consider their claim in a time bound manner.

In these circumstances and without expressing any views on merits of the petitioners' claim, we deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner, Ludhiana, to verify the petitioners' allegations keeping in view the above-stated decisions of this Court and if they are found to be genuine '1984 Anti-Sikh Riots' victims, recommend their claim for the benefits under the Government Policy to the Competent Authority. The needful shall be done within a period of four months from the date of receiving a certified copy of this order.

Ordered accordingly.

Let a copy of this order be given dasti to Ms.Monica Chhibber Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance.

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                                                 (SURYA KANT)
                                                     JUDGE

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October 16, 2012                                (R.P.NAGRATH)
  Mohinder                                            JUDGE