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High Court of Punjab and HaryanaCWP/11622/2025disposed of

Manjeet Singh v. State Of Punjab And Another

2025-04-30Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (I) CWP-11622-2025 Date of Decision : April 30, 2025 MANJEET SINGH -PETITIONER V/S STATE OF PUNJAB AND ANOTHER -RESPONDENTS (II) CWP-11692-2025 ROOP KAUR -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms./Mrs. Anju Sharma Kaushik, Advocate (Through V.C.) for the petitioner (in CWP-11622-2025).

Mr. Akshit Pathania, Advocate with Mr. Vivek K. Thakur, Advocate and Mr. Arjun Dev, Advocate for the petitioner (in CWP-11692-2025).

Mr. Sartaj Singh Gill, Sr. D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Both these writ petitions are amenable for being decided through a common verdict, on account of theirs encompassing an alike prayer appertaining to issuance of directions upon the respondent(s) not to demolish or raze the respective dwelling houses of the petitioners. 2.

The learned counsels for the petitioners submit that, the respondent(s)-State, without adhering to the mandate enclosed in Chapter

CWP-11622-2025 and CWP-11692-2025 V-A of the N.D.P.S. Act, 1985, is in the process of razing the respective dwelling houses of the petitioners, which tantamounts to violation of their fundamental rights.

3.

When these petitions came up for hearing on 29.04.2025, this Court, without issuing notice, directed the learned State counsel to have instructions from the quarter concerned as to whether they have any intention to take any action without taking the apposite legal recourse. 4.

In deference to the directions (supra), today the learned State counsel informs this Court that, they do not have any intention to raze the respective dwelling houses of the petitioners without taking the apposite legal recourse. He further submits that, the houses in question have already been ordered to be freezed in view of the relevant provisions enclosed in the N.D.P.S. Act.

5.

Moreover, the learned State counsel has also filed an undertaking (in CWP-11622-2025) furnished by Insp. Sanjeev Kapoor, S.H.O., Phillaur, which is taken on record. The author of the supra has undertook that, if any action has to be taken against the petitioner, it would be taken strictly as per the provisions embodied in Chapter V-A of the N.D.P.S. Act. Not only this, he has also undertook that, presently no demolition drive is being carried out upon the property of the petitioner or her husband, and that, their apprehension regarding demolition of property is baseless.

6.

In view of the above, the learned counsels for the petitioners submit that, they do not want to press these writ petitions at this stage, as the cause of action does not survive as of today.

CWP-11622-2025 and CWP-11692-2025 7.

Consequently, both these writ petitions are disposed of, as not pressed at this stage.

8.

A photocopy of this order be placed on file of connected case.

(KULDEEP TIWARI) April 30, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No