Rajan And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.13297 of 2015 Date of Decision: August 11, 2015 Rajan and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE JASPAL SINGH.

Present: Mr.Ivneet Singh Pabla, Advocate, for the petitioners. Ms.Kirti Singh, DAG, Haryana.

-.-

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? --- Surya Kant, J. (Oral) Notice of motion to respondent Nos.1 to 4 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let four copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from respondent nos.1 to 4 or to serve respondent No.5 at this stage.

CWP No.13297 of 2015 [2] The petitioners are residents of village Sirsala, Tehsil Thanesar, District Kurukshetra. Their grievance is against the exercise of delimitation and formation of new wards in the village allegedly without observing the principles of natural justice which are duly imbedded in the Rules. The petitioners allege that no public notice was issued nor the residents of village who are likely to the affected by the change of wards were intimated through any modicum or munadi etc. To substantiate the allegations, affidavits of Chowkidar and Lambardar of the village are relied upon.

The petitioners agitated the matter before Deputy Commissioner, Kurukshetra vide representation dated 24.02.2015 (P-3) but finding no response, they have approached this Court.

Heard learned counsel for the petitioner and the State.

Though it is not expedient for this Court to express any views on the contents of the affidavits allegedly of the Chowkidar and Lambardar of the village, nonetheless, it deserves mention that once the petitioners have raised an issue before the Deputy Commissioner, it was imperative upon that authorities to take cognizance of the matter and decide the same in accordance with law. We, thus, dispose of this writ petition with a direction to the Deputy Commissioner, Kurukshetra to consider and decide the petitioners' representation/objections, if any pending and/or which may be submitted by them within a period of one week from the date of receiving a certified copy of this order. The needful shall be done before the Gram Panchayat elections are held.

CWP No.13297 of 2015 [3] Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 11, 2015 [JASPAL SINGH] mohinder JUDGE