Harbhajan Singh v. State Of Punjab And ORS.

CWP No. 19667 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 19667 of 2014 Date of decision : 13.11.2018 Harbhajan Singh ....Petitioner V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Charanpreet Singh, AAG Punjab.

Mr. Vipin Mahajan, Advocate for respondent no. 3. RAJAN GUPTA J.

Petitioner has preferred this writ petition praying for quashing of order dated 03.02.2014 whereby property in question was sold by respondents no. 4 to 9 despite the fact that some of them were proclaimed offenders. It was alleged that this was done in connivance with respondent no. 3. Reply filed by Kamal Kishor Yadav, Deputy Commissioner, Jalandhar is on record. Para 4 thereof reads as under:- "4. That after the said enquiry, the deponent vide its order dated 11/02/2015 has held S/Sh Lakhwinder Singh, the then Naib Tehsildar, Noormahal, Narinder Kanda, Sadar Kanugo and Vinay Grover, Patwari Halqa responsible for committing irregularities in the issuance of Annexure P/6, P/9 and P/10.

In this regard it is submitted that the Commissioner, Jalandhar Division, Jalandhar has been requested to initiate common action as provided under rule 12 (1) of the Punjab Civil Services Rules, 1970 against them. A copy of above stated order dated 11/02/2014 is enclosed as Annexure R/1-T AJAY KUMAR 2018.11.15 13:43 I attest to the accuracy and authenticity of this document for the kind consideration of this Hon'ble Court."

CWP No. 19667 of 2014 Admittedly, impugned order dated 03.02.2014 has been revoked by now and disciplinary proceedings have been initiated against the concerned officials. According to learned counsel, petition has, thus, been rendered infructuous in view of same. Learned counsel are ad idem that no cause of action survives in this petition.

In view of above, petition is disposed of. A report regarding the fate of the inquiry proceedings shall be filed in the registry within two months from today.

November 13, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2018.11.15 13:43 I attest to the accuracy and authenticity of this document