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Punjab-Haryana High Court

Karnvir Shenty Thaman vs State Of Punjab & Ors on 2 May, 2018

Author: Anupinder Singh Grewal

Bench: Ajay Kumar Mittal, Anupinder Singh Grewal

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


      -1-                                          CWP-15627-2016
211                                      Date of Decision: 02.05.2018

KARNVIR SHENTY THAMAN                                     ....Petitioner(s).
                                   Versus

STATE OF PUNJAB AND ORS.                              ....Respondent(s).


CORAM:-     HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
            HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:    Mr. Maninder Arora, Advocate for
            Mr. Vikas K. Gupta, Advocate
            for the petitioner.

            Mr. Shireesh Gupta, Sr. DAG, Punjab.

            Mr. G.S. Attariwala, Advocate
            for respondent No.4.
                  ***

ANUPINDER SINGH GREWAL, J.

This petition, which has been filed as public interest litigation seeks direction to respondent No.4 to take over the charge of 63 lights at Banur from respondent No.3.

2. It is stated that in the year 2010, the Landra-Banur- Tepla road was widened in the year 2011. 63 lights were installed after incurring an expenditure of ` 25 lakh. The lights were to be handed over to Municipal Council, Banur, which was supposed to maintain the same. However, the Municipal Council, Banur has not taken over charge of the lights although, Executive Engineer, Public Works Department, Mohali has written to it on 07.08.2012 (Annexure P-2). The Executive Officer, Public Works Department also wrote a letter to the Deputy Commissioner, Mohali on 15.10.2012 requesting him to direct the Municipal Council to take 1 of 2 ::: Downloaded on - 20-05-2018 01:37:32 ::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

-2- CWP-15627-2016 charge of the lights. It is also stated that although several letters were written even thereafter by various officers but respondent No.4 has not taken charge of the lights.

3. Reply on behalf of respondent No.4 has been filed by Executive Officer, Municipal Council, Banur which is taken on record. It is stated in the reply that an amount of ` 1,01,048/- is due on account of arrears of electricity bills for the maintainance of the street which is responsibility of respondent No.3. It is also stated that respondent No.4 is willing & ready to take charge of the street lights provided respondent No.3 clears the afore-noted amount towards electricity charges.

4. Reply was filed in Court today on behalf of respondents No.1 and 3, wherein it is stated that respondent No.3 has made the payment of electricity bill No.51 dated 15.03.2015 for ` 1,01,048/- to the Punjab State Power Corporation Limited.

5. Therefore, as respondent No.3 has made the payment of the outstanding amount, there is no impediment in the way of respondent No.4 taking over the maintainance of the street lights.

6. Consequently, the petition is disposed of with direction to respondent No.4 to forthwith take over the maintainance of the street lights as described in the petition.




(AJAY KUMAR MITTAL)                       (ANUPINDER SINGH GREWAL)
      JUDGE                                       JUDGE
02.05.2018
SwarnjitS
             Whether speaking/reasoned :   YES/NO
             Whether reportable :          YES/NO


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