Ram Lakhan v. State Of Haryana And ORS

C.W.P. No. 28734 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 28734 of 2024 Date of decision: 23.10.2024 Ram Lakhan .... Petitioner Vs.

State of Haryana and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Pranav Malhotra, Advocate and Mr. Robin Sathi, Advocate for the petitioner.

ARUN PALLI, J (Oral) The petitioner (Ram Lakhan) has prayed for the following substantive relief:

"Civil Writ petition under Article 226/227 of the Constitution of India, issuance of writ of mandamus/order or direction to respondents to allot a permanent place to the petitioner carrying on his business of hand cart in terms of conditions of Licence of hand cart issued by HUDA (now HSVP). It is further prayed that respondents may kindly be directed not to allow unlicenced persons to carry on business in an illegal manner at Rehri Market of Sector 11, Panchkula." Learned counsel for the petitioner, at the outset, submits that prior to the institution of this petition, the petitioner had even served the respondent authorities with a legal notice dated 29.08.2024 (P-8), but to no avail.

Served with the advance copy of the petition, Mr. Deepak Sabharwal, Advocate, is present in Court on behalf of the respondentsHSVP. At the outset, he, on instructions, submits, for the competent authority is already in seisin of the matter, it would be expedient, if the petition is disposed of, at this stage, to enable the respondent authorities to consider the claim of the petitioner and pass necessary orders, in accordance with law. Further, he submits that before any such orders are passed, the DEEPAK KUMAR 2024.10.24 10:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh

C.W.P. No. 28734 of 2024 petitioner, shall also be heard. And, a formal communication in this regard will be issued, well in advance.

Learned counsel for the petitioner is agreeable to the course suggested by the learned counsel for the respondents-HSVP and submits that let the petition be disposed of in terms of the statement made by him. However, he submits that the matter being time sensitive, the competent authority be directed to consider and finally decide the matter within a specified time.

To this, learned counsel for the respondents-HSVP submits that the necessary orders in this regard shall be passed within eight weeks from today.

In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.

This Court is sanguine that the authority shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned counsel for the respondents-HSVP, assigning reasons in support thereof.

Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 23.10.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.10.24 10:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh