Rambir And ANR. v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.2723 of 2016 Date of Decision: February 11, 2016 Rambir and another ....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE RAJ MOHAN SINGH.

--- Present: Mr.Naresh Kaushik, Advocate, for the petitioners. Ms.Kirti Singh, Deputy Advocate General, Haryana. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.

Let six copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondent at this stage.

The petitioners are residents of village Aswarpur, Block Rai, District Sonepat. Their grievance is against the inclusion of their village within the limits of Municipal Corporation Sonepat which has been constituted by upgrading MOHINDER KUMAR 2011.01.01 15:00 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.2723 of 2016 [2] the existing Municipal Council, Sonepat. It is claimed that the Gram Sabha has passed a resolution against inclusion of the village in the Municipal Corporation but without considering such resolution or objections submitted by the affected persons including the petitioners the impugned notification has been issued. Copies of the objections dated 02.06.2015 and 05.11.2015 have been appended as Annexures P-7 and P-8, respectively.

There is nothing on record to suggest that the objections filed by the petitioners or other affected persons were not considered by the authorities before taking the final decision. Nonetheless, having regard to the plea taken by the petitioners, we dispose of this writ petition with a direction to the Principal Secretary to Government of Haryana, Urban Local Bodies Department, to call for the records and if a reasoned order was passed on consideration of the objections filed by the petitioners, let its copy be communicated to them. However, if the objections have not been considered so far, let the follow-up action be taken within a period of three months from the date of receiving a certified copy of this order. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE February 11, 2016 [RAJ MOHAN SINGH] mohinder JUDGE MOHINDER KUMAR 2011.01.01 15:00 I attest to the accuracy and authenticity of this document Chandigarh