High Court of Punjab and HaryanaCWP/17361/2016dismissed

Harpal Singh & ORS v. Block Development & Panchayat Officer Tarsika & ANR

2016-11-30Mr. Justice P.B. Bajanthri,Mr. Justice Girish Agnihotri2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 17361 of 2016 (O&M) Date of Decision: 30.11.2016 Harpal Singh and Others ... Petitioner(s)

Versus

Block Development and Panchayat Officer, Tarsika and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Mahesh Grover.

Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Krishan Sehajpal, Advocate for Mr. L.M.Gulati, Advocate for the petitioner(s).

Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab for respondent No.1.

Mr. Jagjeet Singh, Advocate for Mr. N.P.S.Mann, Advocate for respondent No.2.

Mahesh Grover, J.

CM-15109-CWP-2016 Application is allowed, as prayed for.

Reply filed by way of affidavit of Sandeep Malhotra, Block Development and Panchayat Officer, Block Tarsika, District Amritsar (respondent No.1) is taken on record.

CWP-17361-2016 The writ petitioners impugned Annexure P6 dated 28.7.2016, which is a communication addressed by respondent No.1-Block Development and Panchayat Officer, Tarsika to the Sub Divisional Deepak Kumar Bhardwaj 2016.12.02 10:11 I attest to the accuracy and integrity of this document

Civil Writ Petition No. 17361 of 2016 (O&M) Magistrate, Baba Bakala stating that resolution dated 20.7.2016 has been submitted to him by the Gram Panchayat of village Dharmu Chak with regard to illegal possession of the petitioners. The proceedings are pending before the Deputy Director, Jalandhar and till the time the matter is not determined, proceedings under Section 145 IPC be taken. Reply has been filed by the official respondent to contend that subsequent to this, the Sub Divisional Magistrate has declined the said prayer. In this view of the matter, when the effect of Annexure P6, which was the cause of grievance of the petitioners, stands remedied by the rejection of the prayer by the Sub Divisional Magistrate, we are of the opinion that the instant writ petition has been rendered infructuous and the same is dismissed as such, leaving the petitioners to avail their remedy under the law.

(Mahesh Grover) Judge (Shekher Dhawan) Judge November 30, 2016 "DK"

Whether speaking/reasoned :

Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2016.12.02 10:11 I attest to the accuracy and integrity of this document