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Punjab-Haryana High Court

Kalyan Singh And Others vs State Of Punjab And Others on 2 November, 2012

Author: Surya Kant

Bench: Surya Kant

     IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH


                   Civil Writ Petition No.21825 of 2012
                   Date of Decision : November 02, 2012


Kalyan 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.Gopal Singh Nahel, Advocate, for the petitioners.
          Mr.Amit Rawal, Additional Advocate General, Pb. With
          Ms.Monica Chhibber Sharma, DAG, Punjab.
                      -.-

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)

Notice of motion.

Ms.Monica Chhiber Sharma, DAG, Punjab, accepts notice on behalf of the respondents.

In view of the nature of order which we propose to pass, there is no need to seek any counter reply from the respondents at this stage.

The petitioners are stated to be victims of '1984 Anti Sikh Riots'. Their grievance is that the un-built booths are being offered for allotment to them at exorbitant rates contrary to the Government policy which envisages allotment of such booths at concessional rates to the 'riot victims/Sikh migrants.

Somewhat similar issue came up for consideration before us in CWP No.14747 of 2012 (Harbans Singh and others versus State of Punjab and others) which was decided on 3.8.2012 CWP No.21825 of 2012 [2] (Annexure P-22) in the following terms:-

"....Since the primary contention of the petitioners revolves around the alleged breach of Government policies by GMADA, and as prayed for by their learned counsel, we deem it appropriate to dispose of this writ petition with a direction to the Principal Secretary, Department of Home Affairs and Justice, Punjab, to treat this writ petition as a representation on behalf of the petitioners and dispose of the same by passing a speaking order as early as possible and preferably within a period of three months from the date of receiving a certified copy of this order......"

We accordingly dispose of this writ petition with a direction to the Principal Secretary, Department of Home Affairs and Justice, Punjab, to treat this petition as a representation on behalf of the petitioners and dispose of it by passing a speaking order in accordance with the Government policy relied upon by the petitioners, as early as possible and preferably within a period of three months from the date of receiving a certified copy of this order.

The deposit of the allotment price by the petitioners meanwhile, shall be without prejudice to their legal rights.

Dasti.


                                                 (SURYA KANT)
                                                     JUDGE

                                                         $




November 02, 2012                               (R.P.NAGRATH)
  Mohinder                                            JUDGE