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High Court of Punjab and HaryanaCWP/5119/2017disposed of

Randhir Singh Through Special Power Of Attorney Holder v. State Of Punjab And Others

2017-05-31Mr. Justice Krishna Murari2 pages

CWP-5119-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5119-2017 (O&M).

Decided on: May 31, 2017.

Randhir Singh through Special Power of Attorney Holder .. Petitioner(s)

VERSUS

State of Punjab and others .. Respondent(s) * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.D.P.S.Bajwa, Advocate, for the petitioner.

Mr.I.P.Goyat, Addl. A.G. Punjab.

M.M.S. BEDI, J. (ORAL) Petitioner through the instant writ petition has sought a writ in the nature of mandamus directing the official respondents to stop the discharge of the wastage water in the agricultural land of the petitioner. In this context, the petitioner has submitted a representation Annexure P4 dated 8.2.2016 to the S.D.M. Khamano. The petitioner has also sent a legal notice Annexure P5 dated 22.8.2016, to the Secretary, Department of Local Government, Punjab. The petitioner has appended photographs Annexure P3 on the record to show the damage being caused to the fields of the petitioner from the flow of wastage water. Reply has not been filed.

Raj Kumar Arora 2017.06.02 17:49 I attest to the accuracy and integrity of this document

CWP-5119-2017 (O&M) Taking into consideration the nature of the controversy and the authority of the respondents to stop the flow of wastage water in the fields of the petitioner, this petition is disposed of with a direction to the Deputy Commissioner, Fatehgarh Sahib and the S.D.M. Fatehgarh Sahib, to issue a direction to respondent Nos.4 and 5 to consider the representation of the petitioner after spot inspection and to ensure that no loss is caused to the petitioner on account of wastage water. All the necessary steps would be taken by the S.D.M. Khamano, to ensure that necessary and effective steps are taken to prevent the destruction of the crops and the damage which is being caused to the land of the petitioner. The S.D.M. Khamano shall submit the compliance report to the Deputy Commissioner, Fatehgarh Sahib. All the necessary steps will be taken up within a period of two months from today.

(M.M.S. BEDI) JUDGE May 31, 2017.

rka Whether speaking / reasoned Yes / No Whether reportable:

Yes / No Raj Kumar Arora 2017.06.02 17:49 I attest to the accuracy and integrity of this document