Kashi Ram And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.14444 of 2015 Date of Decision: August 11, 2015 Kashi Ram 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.S.S.Sahu, 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

CWP No.14444 of 2015 [2] respondent Nos.1 to 4 or to serve respondent No.5 at this stage as no order prejudicial to his interest is being passed. The petitioners are residents of village Lali, Tehsil Ratia, District Fatehabad. Their grievance is that they were shifted from Ward No.7 to Ward Nos.8 & 11 at the instance of Panchayat Secretary-respondent No.5. The petitioners represented to the Sub-Divisional Officer (Civil), Ratia who forwarded their objections to Tehsildar whereupon a factfinding enquiry was held and grievance of the petitioners was found genuine. Consequently, their house Nos.27, 28 & 223 were again shifted to Ward No.7. The petitioners have further alleged that the Panchayat Secretary-respondent No.5 instead of implementing that order, has again included their houses in Ward Nos.

8 & 13 against which they once again approached the Sub-Divisional Officer (Civil), Ratia who has accepted their claim in principle but the formal order for inclusion of their houses again in Ward No.7 is still awaited. Apprehending the inclusion of their names in the final voter lists of Ward Nos.8 & 13, the petitioners have approached this Court. Heard learned counsel for the petitioners and the State.

Keeping in view the nature of allegations made by the petitioners, however, without expressing any views on merits, we dispose of this writ petition with a direction to the Deputy Commissioner, Fatehabad and the Sub-Divisional Officer (Civil), Ratia, to look into the above-mentioned grievance of the petitioners and ensure that if any decision has been taken to shift the petitioners' houses to Ward No.7, the same be duly notified/communicated to them well in advance before the Gram Panchayat elections are held.

CWP No.14444 of 2015 [3] Ordered accordingly.

Dasti.

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