Jagmal Singh v. State Of Haryana And ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: December 14, 2016 Jagmal Singh

...Petitioner

Versus

The State of Haryana & Ors.

...Respondents

CORAM: HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr.J.S.Saini, Advocate, for the petitioner.

Mr.Pawan Jhanda, AAG, Haryana.

Mr.Saurabh Goel, Advocate, for respondent No.3. RAMESHWAR SINGH MALIK, J.(Oral) Feeling aggrieved against the impugned instructions dated 03.09.2015 (Annexure P-3), issued by the Shahabad Cooperative Sugar Mill Ltd-respondent No.3, petitioner has approached this Court, by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned instructions.

Notice of motion was issued and in compliance thereof, short written statement was filed on behalf of respondent Nos.1 and 2. However, respondent No.3 did not file any separate written statement. Heard learned counsel for the parties.

Learned counsel for the petitioner, at the very outset, fairly

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states that in view of the later instructions, already issued by the Cane Commissioner Haryana, Krishi Bhawan, Panchkula-respondent No.2, which shall be binding on all the sugar mills in the respondent State including respondent No.3, he does not intend to press this petition in the nature of certiorari regarding instructions dated 03.09.2015 (Annexure P3) because the same already stands superseded by later instructions. He submits that respondent No.3 may be directed to take immediate appropriate action, in terms of the latest instructions, applicable for the current crushing season so as to redress the genuine grievance of the petitioner.

Faced with the above, learned counsel for the respondent No.3 also fairly states that grievance of the petitioner shall be considered dispassionately in terms of the latest instructions and appropriate action shall be taken without any further loss of time. In view of the abovesaid fair stand taken by learned counsel for the parties, present writ petition is disposed of with a direction to the Managing Director, The Shahabad Cooperative Sugar Mill Ltdrespondent No.3, to look into the matter, consider the grievance raised by petitioner by way of instant writ petition, which seems to be genuine and take appropriate action without any further loss of time so that no prejudice is caused to the sugarcane crop of the petitioner. Respondent No.3 shall take immediate appropriate action after granting an opportunity of being heard to the petitioner, but in any case within a period of 10 days from today.

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With the abovesaid observations made and directions issued, present petition stands disposed of.

December 14, 2016 (RAMESHWAR SINGH MALIK) seema JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No