M/S Banarsi Dass Jain v. State Of Punjab & ORS

CWP No.7938 of 1996 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 7938 of 1996 Date of Decision: February 28 , 2020.

M/s Banarsi Dass Jain ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

None for the petitioner.

Mr. Harsimar Singh Sitta, AAG, 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? ***** LISA GILL, J.

This writ petition has been filed seeking quashing of notification dated 24.02.1988 (Annexure P2) with a further prayer for quashing of FIR No.57 dated 13.12.1994, under Section 7 of the Essential Commodities Act, 1955, registered at Police Station Budhlada against the proprietor of the petitioner-firm (Banarsi Dass Jain) alongwith others.

This writ petition was directed to be heard alongwith LPA No.1039 of 1996. The said LPA was allowed and the writ petitions stood dismissed. Notice was issued to the petitioner as counsel representing it had OMKAR SINGH 2020.03.03 10:17 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.7938 of 1996 [2] been elevated to the Bench of this Court. As per office report, Banarsi Dass Jain, proprietor of the petitioner-firm is reported to have died on 29.10.2011. None has come forward to pursue this matter.

It is informed that the impugned notification has subsequently been withdrawn from the purview of the Essential Commodities Act. Learned counsel points out to Annexure R2 attached with the written statement filed on behalf of respondents No.1 to 5, to submit that on a representation of the Punjab Cattle Feed Manufacturers Association submitted before the Chief Minister, Punjab, it was directed that 'no police action be taken under the Cattle Feed Order, 1988 and the policy cases be reviewed and necessary amendments be decided'. Keeping in view the facts and circumstances as above as well as the report that the proprietor of the petitioner-firm has died and none has come forward to pursue the matter, this writ petition is dismissed. Needless to say, in case of any subsisting grievance, the petitioner is at liberty to move an appropriate application within three months. Copy of the order be conveyed to the petitioner at the available address.

( LISA GILL ) February 28 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.03.03 10:17 I attest to the accuracy and integrity of this document High Court, Chandigarh