Kuldeep Singh v. State Of Haryana And Others

2024:PHHC:001702-DB CM-24-CWP-2024 IN/AND CWP-14245-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-24-CWP-2024 IN/AND CWP-14245-2023 (O&M) Date of decision: January 09, 2024 Kuldeep Singh ....Petitioner versus State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. Munish Kumar Garg, Advocate and Mr. Puneet Kapoor, Advocate and Mr. Tanuj Goyal, Advocate for applicant-petitioner. Mr. Naveen S. Bhardwaj, Additional AG Haryana. ***** SUDHIR SINGH, J. (ORAL) CM-24-CWP-2024 Application herein is for preponing the next date of hearing i.e., 09.04.2024 fixed in the main case.

For the reasons stated in application, same is allowed. Next date of hearing i.e., 09.04.2024 fixed in the main case is preponed and the same is taken up on Board today itself. Registry to do the needful. Main case (O&M) Petition herein is, inter alia, for issuance of a writ in the nature of Mandamus directing respondents No.3 to 6 to take appropriate step/ action on the representation dated 24.03.2023/ 27.03.2023 (Annexure P-7) moved against respondent No.7, which was preferred after issuance of necessary directions to be taken by respondents No.5 and 6 as per endorsement made on application dated 15.11.2023/ 17.11.2022 (Annexure P-6).

2.

Learned counsel for the petitioner submits that respondent No.7, namely, Charanjit Kaur did not disclose in the nomination paper dated 11.11.2022 MAHAVIR SINGH 2024.01.11 14:41 I attest to the accuracy and authenticity of this order/ judgment Punjab and Haryana High Court, Chandigarh

2024:PHHC:001702-DB CM-24-CWP-2024 IN/AND CWP-14245-2023 (O&M) (Annexure P-5) for the post of Panch of village Rehan Kheri, regarding her unauthorized possession over the land belonging to the Gram Panchayat. He further submits that for redressal grievance of the petitioner, he has already moved a representation dated 24.03.2023/ 27.03.2023 (Annexure P-7), but the same has not been adverted by the respondents till date.

3.

On the other hand, learned State counsel submits that by now, election in question is over and office of the Deputy Commissioner to whom the representation ibid is addressed has become functo officio. He further submits that grievance of the petitioner can be looked into by respondent No.1 and it shall take decision either way, on the pending representation dated 24.03.2023/ 27.03.2023 (Annexure P-7) of the petitioner.

4.

At this stage, learned counsel for the petitioner also seeks decision on the pending representation, as suggested by learned State counsel. 5.

Without commenting on the merits of the case and considering the relief sought for herein, the writ petition is disposed of with a direction to respondent No.1 to consider representation dated 24.03.2023/ 27.03.2023 (Annexure P-7) of the petitioner and pass an appropriate order, in accordance with law, within a period of 08 weeks from the date of receipt of copy/ production of this order. 6.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE January 09, 2024 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2024.01.11 14:41 I attest to the accuracy and authenticity of this order/ judgment Punjab and Haryana High Court, Chandigarh