Tarsem Lal And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-24770-2016.

Decided on: March 26, 2019.

Tarsem Lal and others .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASWANT SINGH HON'BLE MR.JUSTICE ARUN KUMAR TYAGI * * * PRESENT Ms.Kashika Kaur, Advocate, for the petitioners.

Ms.Anu Pal, D.A.G. Punjab, for official respondent Nos.1 to 3, assisted by Mr.Tejinderpal Singh, Panchayat Secretary, BDPO Office, Noorpur Bedi.

Mr.Gurinderit Singh, Advocate, for respondent No.4 - Gram Panchayat.

JASWANT SINGH, J. (ORAL) The five (5) petitioners namely Tarsem Lal, Sandeep Kumar, Kundan Lal, Jasvir Lal and Baldev Kumar, are residents of village

Jattpur, Sub Tehsil Noorpur Bedi, Tehsil Anandpur Sahib, District Rupnagar. They have sought a writ of mandamus assailing the resolution dated 9.9.2016 (Annexure P1), passed by the Gram Panchayat, village Jattpur - respondent No.4, for constructing a Community Centre in land measuring 15 marlas in Khasra No.64, claiming the same to be without obtaining prior approval of the competent Authority as per the procedure laid down under Rule 3 of the Punjab Village Common Lands (Regulation) Rules, 1964.

The plea was basically for seeking shifting of the site of construction of the Community Centre to any other place as per the convenience of the petitioners as the houses of the petitioners adjoin the said site and hence, is apprehended to cause nuisance. Upon notice, Gram Panchayat, has filed written statement stating that permission was granted by the DDPO, Rupnagar, vide letter dated 21.11.2016, (Annexure P7), for constructing Community Centre in the said khasra number after getting an inspection report. Be that as it may, at the time of hearing, it is stated by the learned State counsel, on instructions from Mr.Tejinderpal Singh, Panchayat Secretary, BDPO Office, Noorpur Bedi, that the Community Centre stands constructed and inaugurated for use three months ago. Similar is the stand of counsel for the Gram Panchayat.

In view of subsequent developments, this Court feels that any further adjudication would not be in the public interest.

Dismissed as having rendered infructuous.

(JASWANT SINGH) JUDGE March 26, 2019.

(ARUN KUMAR TYAGI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No