Swaran Kumar And Others v. State Of Punjab And Others

CWP No. 24614 of 2014 CWP No. 24722 of 2014 CWP No. 24979 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 25.02.2015 (i) CWP No. 24614 of 2014 Swaran Kumar & ors.

....Petitioners V/s State of Punjab & ors.

....Respondents (ii) CWP No. 24722 of 2014 Ram Sharnam Ashram ....Petitioners V/s The State of Punjab & ors.

....Respondents (iii) CWP No. 24979 of 2014 Lakhwinder Singh ....Petitioner V/s The State of Punjab & ors.

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

Present:

Mr. Vivek Singla, Advocate for the petitioner(s) (in CWP No. 24614 of 2014 & CWP No. 24722 of 2014) Mr. J.S. Rattu, Advocate for the petitioner (in CWP No. 24979 of 2014) Mr. V. Ramswaroop, Addl. A.G. Pb.

RAJAN GUPTA J.

This order will dispose of aforesaid three writ petitions as same have arisen out of similar impugned orders. For brevity, facts are taken from Civil Writ Petition No. 24614 of 2014.

Petitioners have sought a writ in the nature of certiorari for quashing notices Annexures P4 & P5 dated 19.08.2013 & 14.10.2013 respectively whereby they have been asked to remove AJAY KUMAR 2015.02.25 14:20 I attest to the accuracy and authenticity of this document

CWP No. 24614 of 2014 CWP No. 24722 of 2014 CWP No. 24979 of 2014 illegal structures failing which same would be demolished and their electric supply be disconnected.

Grievance of the petitioners is that before issuing order, Annexure R1 dated 18.07.2014, no opportunity of hearing was granted to them. According to counsel, a show cause notice was sent but was addressed to some other person or name was left blank.

Learned State counsel has opposed the plea. According to him, opportunity of hearing was granted to the petitioners and only thereafter order, Annexure R1 was passed. Heard.

A perusal of the order, however, does not show that petitioners were present before Executive Engineer, Water Management Investigation Division, Rupnagar at the time of passing of the order.

Under the circumstances, this writ petition is disposed of with a direction that respondent no. 2 shall afford an opportunity of hearing to the petitioners pursuant to show cause notice issued to them. He shall be entitled to pass a fresh order thereafter. Learned State counsel submits that coercive steps against the petitioners shall not be taken till then. Entire exercise be completed within one month from today.

A copy of the order be handed-over to learned State counsel under the signatures of Bench Secretary. February 25, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.02.25 14:20 I attest to the accuracy and authenticity of this document