Gurnoor Kaur And Others v. Union Of India And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.11.2021 Gurnoor Kaur and others -Petitioners

Versus

Union of India and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Lupil Gupta, Advocate, for the petitioners.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks issuance of an appropriate writ in the nature of mandamus directing the respondents to consider and take a final decision on the representations Annexures P-17 to P-19 in a stipulated period by passing a speaking order. Perusal of the record would show that for the same relief, CWP No.6639 of 2021 was filed by Sham Lal Goyal and others in this Court. Following order was passed on 22.03.2021:- "Through the present writ petition, the petitioners pray for issuance of a writ in the nature of mandamus directing the respondent to consider and take a final decision on

-2representations dated 10.02.2020; legal notice dated 19.02.2020 and representation dated 15.06.2018 in a time bound manner. Further, they sought directions to the respondents to remove illegal encroachments on both sides of Railway Crossing No. A-29 and also to shift HT/LT lines, electric Poles and Transformers on both sides of Railway Crossing and to provide Road dividers.

A bare perusal of the prayers show that the writ petition is, primarily, in the nature of public interest litigation and the petitioners do not have any personal legal right in the matter. Therefore, it cannot be entertained as such. Accordingly, the writ petition is dismissed. However, the petitioners would be at liberty to file public interest litigation, if considered appropriate."

Perusal of the aforesaid order would show that the writ petition was dismissed, however, liberty was given to the petitioners therein to file PIL, if so advised. As per memorandum of parties, Sham Lal Goyal is the grandfather of petitioner No.2. Petitioners have not shown

-3the relationship of other petitioners vis-a-vis the persons who had already filed CWP No.6639 of 2021 along with Sham Lal Goyal.

The present petition has also been filed for the same relief for which the petitioners in CWP No.6639 of 2021 were relegated to the remedy of filing PIL, if so advised. No ground is made out to interfere in the present writ petition.

Dismissed.

16.11.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No