Ramana Chak Enterprises And Others v. State Of Punjab And Others

2024:PHHC:041208 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6710 of 2024 Date of Decision: 21.03.2024 Ramana Chak Enterprises and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Sagar Aggarwal, Advocate for the petitioners.

*** RAJESH BHARDWAJ, J. (ORAL) Present writ petition has been filed for quashing the impugned action vide which the respondents have started encroaching upon the land of the petitioners for increasing the width of the drain without initiating the process of acquiring the land belonging to the petitioners and over sighting the demarcation carried out by the Canal authorities, the same being wrong, illegal, null and void and against the principles of natural justice. Further prayer has been made for directing the respondents to take an appropriate decision upon the legal notice dated 23.11.2023 (Annexure P-4) served by the petitioners upon the respondents within stipulated period.

Learned counsel for the petitioners has submitted that for the redressal of their grievance, the petitioners have served a legal notice RITTU 2024.03.21 17:51 I attest to the accuracy and integrity of this document

CWP No.6710 of 2024 -22024:PHHC:041208 dated 23.11.2023 (Annexure P-4) upon the respondents but the same has not been taken into consideration by the said respondents till date. Notice of motion to the official respondents at this stage. On asking of the Court, Mr. Navneet Singh, Sr. DAG, Punjab appears and accepts notice on behalf of the respondents-State and has stated that for the redressal of their grievances, the petitioners should file representation before respondent No.4 i.e. Deputy Commissioner, Amritsar.

Learned counsel for the petitioners submits that the petitioners be granted liberty to file a fresh representation before respondent No.4 i.e. the Deputy Commissioner, Amritsar and he be directed to decide the same expeditiously.

After hearing both the parties and perusing the record, the present petition is disposed of with liberty to the petitioners to file their appropriate representation before respondent No.4 as prayed for within a period of 10 days from today. If any such representation is filed by the petitioners within the stipulated period, then respondent No.4 i.e. Deputy Commissioner, Amritsar is directed to decide the same in accordance with law within a period of four weeks from the date of its filing. (RAJESH BHARDWAJ) JUDGE 21.03.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.03.21 17:51 I attest to the accuracy and integrity of this document