Punjab-Haryana High Court
Faquir Chand And Others vs State Of Haryana And Others on 12 November, 2008
Bench: T.S.Thakur, Jasbir Singh
CWP No. 17131 of 2008 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 17131 of 2008
Date of Decision: 12.11.2008
Faquir Chand and others ..Petitioners
versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE JASBIR SINGH
1.Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Arun Bansal, Advocate
for the petitioners
*****
T.S.Thakur, C.J. (Oral)
Issue notice of motion to respondents No.1 to 4 only at the first instance.
Mr. Malik accepts notice on their behalf.
Notice to respondent No.5 is dispensed with.
The petitioners grievance in this writ petition filed in public interest is that the benefit of the Water Shed Scheme formulated by the State Government is not being extended to the deserving persons of village Khasa Mahajanan, Tehsil Mandi Adampur, District Hisar in the State of Haryana. A legal notice sent to the State Government including the Collector, Hisar enumerates the irregularities in the working of the said scheme and also unfair denial of the benefit to those entitled to the same. The Water Shed Scheme Committee responded to the said notice, in which the allegations made by the petitioners were refuted without a proper verification of the CWP No. 17131 of 2008 [2] facts and enquiry by the concerned agency. This according to Mr. Bansal, learned counsel for the petitioners left no alternative for the petitioners except to file the present writ petition in which they have not only prayed for a mandamus directing the respondents to grant necessary benefits of Water Shed Scheme but also to hold an enquiry into the alleged embezzlements of the funds allocated for the same.
Mr. Malik, learned Addl. Advocate General, Haryana appearing for respondents No.1 to 4 submits and in our opinion rightly so that if the petitioners made a proper representation to the Deputy Commissioner cum Chairman, District Rural Development Agency, Hisar enumerating the alleged irregularities and the alleged denial of the benefits due to the villagers under the scheme, the Deputy Commissioner would look into the same and take remedial steps in accordance with law. That statement in our opinion should sufficiently satisfy the petitioners making it unnecessary for us to keep the present writ pending on the board of this Court.
We accordingly dispose of this writ petition with the observation that in case the petitioners file a representation addressed to the Deputy Commissioner cum Chairman, District Rural Development Agency, Hisar, within a period of four weeks from today, the Deputy Commissioner shall entertain the same, hold an enquiry into the allegations made by the petitioners and take remedial steps in the matter, in accordance with law. The needful shall be done by the Deputy Commissioner expeditiously but not later than three months from the date the representation is received by him.
Copy of the order be given dasti to Mr. Malik under the signatures of Bench Secretary, for onward transmission to the Deputy Commissioner.
(T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 12.11.2008 'ravinder'