High Court of Punjab and HaryanaCWP/6190/2017disposed of

Gram Panchayat Asadpur, District Sonepat v. State Of Haryana & Others

2017-03-24Mr. Justice Arun Monga2 pages

CWP No.6190 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6190 of 2017 Date of Decision.24.03.2017 Gram Panchayat Asadpur ........Petitioner Vs State of Haryana and others ........Respondents

Present:

Mr. M.S. Sindhu, Advocate and Mr. Rajeev Sharma, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The grievance of the Gram Panchayat, Asadpur, District Sonepat is against the setting up of liquor vend in the village and in this regard, passed two resolutions dated 19.04.2016 and 12.08.2016 (Annexures P-1 and P-2) and the aforementioned resolutions purported to have been sent through BDPO, Murthal as reflected in the averments made in paragraph 3 of the writ petition, but yet no action has been taken and the liquor vends are still in operation.

Though the period of running the liquor vend is going to end on 31.03.2017 but the counsel for the petitioner expressed the apprehension that they may not further continue, in essence, bid may not be invited for the same, in view of the list of excise groups vide Annexure P-3. Keeping in view the exigency of the matter and the ratio decidendi culled out in the judgment rendered by Division Bench of this Court in Ram Singh Ex. Sarpanch Vs. State of Haryana and others 2007

(4) RCR (Civil) 628 that the resolutions passed by the Gram Panchayat are binding upon the authorities, I deem it appropriate to issue direction to respondent No.2 to take a decision on the resolutions, much less, treat this PANKAJ KUMAR 2017.03.24 13:59 I attest to the accuracy and integrity of this document

CWP No.6190 of 2017 -2writ petition as representation. Liberty is granted to the representatives of the Gram Panchayat to appear before respondent No.2 with resolutions and respondent No.2 shall pass a speaking order thereon after affording opportunity of hearing to the petitioner, in a most objective and pragmatic manner, preferably within a period of one week from the date of receipt of certified copy of this order.

The writ petition stands disposed of in the above terms. A copy of this order be given to learned counsel appearing for the petitioner under the signatures of Reader attached to this Bench. (AMIT RAWAL) JUDGE March 24, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.03.24 13:59 I attest to the accuracy and integrity of this document