Lakhvir Singh v. State Of Punjab Etc

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.17512 of 2015 Date of Decision: August 24, 2015 Lakhvir Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE JASPAL SINGH.

Present: Mr.Dinesh Kumar, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

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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 8 only at this stage.

On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab, accepts notice on their behalf.

Let eight 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 issue notice to respondent No.9Gram Panchayat or to seek any counter-reply from respondent Nos.1 to 8 at this stage.

The petitioner is a resident of village Mehna, Tehsil Malout, District Muktsar Sahib. He alleges that Khasra No.296 MOHINDER KUMAR 2015.09.02 11:55 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.17512 of 2015 [2] (43-1) is a public passage (road) and it has been encroached upon by some persons. Though the road is required to be maintained by PWD (B&R) Department but no action is being taken by those authorities or the Gram Panchayat of the village. Such an issue has been raised by the petitioner vide application dated 21.05.2015 (P-9) also.

We thus dispose of this writ petition without expressing any views on merits of the petitioner's allegations, with a direction to the Deputy Commissioner, Muktsar Sahib or other concerned authorities to take notice of the above-stated allegations and if the public passage has been actually encroached upon, let appropriate action for removal of such encroachment, in accordance with law, including observing principles of natural justice, be taken within a period of four months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 24, 2015 [JASPAL SINGH] mohinder JUDGE MOHINDER KUMAR 2015.09.02 11:55 I attest to the accuracy and authenticity of this document Chandigarh