G S Sandhu And ORS v. State Of Punjab And ORS

CWP-36783-2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-36783-2019 Date of Decision: 20.08.2024 G.S. Sandhu and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Sunil Garg, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. *** HARSH BUNGER, J. (Oral) 1.

The instant Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of Mandamus for directing respondents No.1 and 2 to implement the notification dated 30.12.2016 (Annexure P-1) which relates to establishment of SDM Office of Bhikhiwind at Bhikhiwind.

2.

At the time of issuance of notice of motion, on 15.01.2020, the following order was passed:

"The petitioners apprehend that Head Quarter of Sub Division Bhikhiwind may be shifted to Dibbipura on the recommendation of the local MLA, although, Bhikhiwind is central in all respects and is more suitable for establishing the Sub Divisional Head Quarter.

Notice of motion for 19.05.2020.

At the asking of the Court, Mr. Vikas Mohan Gupta, Addl. A.G., Punjab accepts notice on behalf of respondents No.1 and

2. Let two copies of the paper book be supplied to him during the course of the day.

HIMANI GUPTA 2024.08.23 10:07 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-36783-2019 -2Learned State counsel is directed to get instructions." 3.

Short reply dated 09.10.2023 by way of an affidavit of Rajesh Kumar Sharma, PCS, Sub Divisional Magistrate, Bhikhiwind Camp at Bhikhiwind, District Tarn Taran on behalf of respondents No.1 and 2 has been filed and the relevant extract of which reads as under: "3.

That it is pertinent to mention here that as per the record one notification no. S.O 96/CA and P.A 17/1887/S.5/2016, on dated 30.12.2016, with regard to establishment of SDM office at Bhikhiwind, District Tarn Taran and as per the said notification, a new Sub Division Bhikhiwind District Tarn Taran having its headquarter at Bhikhiwind has been established. 4.

That it is submitted that so far the allegation of shifting the SDM office Bhikhiwind to area of Village Dibbipur, District Tarn Taran is concerned, it is submitted that at this stage there is no any planning/ proposal/ file for shifting the SDM office to village Dibbipura, is pending before the State Government and Deputy Commissioner, Tarn Taran as falsely alleged. The recommendation letter given by the respondent No.3 was filed in the office being devoid of any merit."

4.

In view of the stand taken by respondents No.1 and 2 and the short reply dated 09.10.2023, the grievance raised by the petitioners in the Writ Petition stands addressed.

5.

No further orders are required to be passed.

6.

In view of the above, the instant petition is disposed of accordingly.

7.

All pending application(s), if any, shall also stand closed. 20.08.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.08.23 10:07 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh