High Court of Punjab and HaryanaCWP/1966/2021disposed of

Arvinder Singh Munday v. State Of Punjab And ORS

2021-01-29Mr. Justice Harsimran Singh Sethi2 pages

CWP-1966-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1966-2021 Date of decision: - 29.01.2021 Arvinder Singh Munday ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Naveen Upadhyay, Advocate, for the petitioner. Ms. Akshita Chauhan, AAG, Punjab, for respondents No.1 to 3.

Mr. Parambir Singh, Advocate, for respondent No.4. (keeping in view the advance copy given).

( Through Video Conferencing ) **** HARSIMRAN SINGH SETHI , J. (ORAL) Present writ petition has been filed seeking direction to respondents No.1 to 3 to remove the mandi managed by Punjab Mandi Board- respondent No.4 in Doraha, District Ludhiana as the same is being operated in a residential colony and is causing discomfort to the residents of the area.

Learned counsel for the petitioner submits that the residents of the area are facing traffic jams and health hazards keeping in view the operation of the mandi in a residential area. The prayer of the petitioner is for issuance of a direction to respondent No.4-Punjab Mandi Board for not holding the Mandi in the residential area or for changing the venue of the same so that the petitioner do not face health hazards or traffic jams in their area.

NARESH KUMAR 2021.02.01 12:56 I attest to the accuracy and integrity of this document Chandigarh

CWP-1966-2021 -2Learned counsel for the petitioner submits that for the relief, which is being claimed in the present writ petition, petitioner has served the respondents with a legal notice dated 15.09.2020 (Annexure P-4), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to respondent No.4 to decide the said legal notice. Notice of motion.

Ms. Akshita Chauhan, AAG, Punjab, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of respondents No.1 to 3-State and Mr. Parambir Singh, Advocate, accepts notice on behalf of respondent No.4.

Learned counsel for respondent No.4 submits that respondent No.4 has no objection with regard to prayer of the petitioner for deciding legal notice dated 15.09.2020 (Annexure P-4) in a time bound manner by passing an appropriate speaking order.

In view of the above, without expressing any opinion on the merits of the case or the claim being made by the petitioner, respondent No.4 is directed to decide the legal notice dated 15.09.2020 (Annexure P4) by passing a speaking order within a period of three months from the date of receipt of a copy of this order.

Present writ petition stands disposed of.

January 29, 2021 ( HARSIMRAN SINGH SETHI ) naresh.k JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No NARESH KUMAR 2021.02.01 12:56 I attest to the accuracy and integrity of this document Chandigarh