Karam Singh and Another Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153672
CourtPunjab and Haryana High Court
Decided OnJun-05-2014
AppellantKaram Singh and Another
RespondentState of Haryana and Others
Excerpt:
crl. writ petition no.854 of 2014 -1- in the high court of punjab and haryana at chandigarh crl. writ petition no.854 of 2014 date of decision: june 05, 2014 karam singh and another .....petitioners versus state of haryana and others .....respondents **** coram : hon'ble mr.justice amol rattan singh present : mr.gurinder s. sandhu, advocate for the petitioners mr.charanjit singh bakshi, addl. a.g.haryana **** amol rattan singh, j (oral) in response to order dated 04.06.2014, learned state counsel submits that the superintendent of police, panipat was on leave today, therefore, he has not come present in the court today. affidavit of sh. sultan singh, deputy superintendent of police, sub-division samalkha, district panipat has been filed in the court today and the same is taken on record, at face value for the moment, because nothing much would devolve upon it as the main purpose of telling the ssp to come present in the court was to ensure that no property of the petitioner is illegally taken from them and kept in custody. learned state counsel submits that it has also been stated in the affidavit that actually the tractor was impounded for violation of motor vehicle rules, as they did not carry the registration number on the number plate and the registration certificate of one of the tractors reena could not be produced. 2014.07.02 15:49 i attest to the accuracy and integrity of this document chandigarh crl. writ petition no.854 of 2014 2 as such, presently, it appears that it is only for violation of motor vehicle rules, on account of which the tractors have been impounded and the 'challans' sent to the competent authority. however, learned counsel for the petitioners submits that the tractor for which papers could not be produced, was actually purchased by one of the detenues, from the owner/manager etc.of the brick kiln in question, though, a transfer of ownership on the registration certificate has still not been effected. that issue would be subject matter of any separate and appropriate proceedings, if an aggrieved party decides to institute any. in view of the above and the fact that the alleged detenues having been released, the present petition is disposed of as having become rendered infructuous. the district magistrate, panipat, is directed that periodical raids be conducted in the brick-kiln of his area, to ensure that the duty cast upon him under section 10 to 12 of the bonded labour system (abolition) act, 1976, is discharged and no person is detained without his consent in such like premises. 05.06.2014 ( amol rattan singh ) reena judge reena 2014.07.02 15:49 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Crl.

Writ Petition No.854 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.

Writ Petition No.854 of 2014 Date of Decision: June 05, 2014 Karam Singh and another .....Petitioners Versus State of Haryana and others .....Respondents **** CORAM : HON'BLE Mr.JUSTICE AMOL RATTAN SINGH Present : Mr.Gurinder S.

Sandhu, Advocate for the petitioners Mr.Charanjit Singh Bakshi, Addl.

A.G.Haryana **** Amol Rattan Singh, J (Oral) In response to order dated 04.06.2014, learned State counsel submits that the Superintendent of Police, Panipat was on leave today, therefore, he has not come present in the Court today.

Affidavit of Sh.

Sultan Singh, Deputy Superintendent of Police, Sub-Division Samalkha, District Panipat has been filed in the Court today and the same is taken on record, at face value for the moment, because nothing much would devolve upon it as the main purpose of telling the SSP to come present in the Court was to ensure that no property of the petitioner is illegally taken from them and kept in custody.

Learned State counsel submits that it has also been stated in the affidavit that actually the tractor was impounded for violation of Motor Vehicle Rules, as they did not carry the registration number on the number plate and the registration certificate of one of the tractors Reena could not be produced.

2014.07.02 15:49 I attest to the accuracy and integrity of this document chandigarh Crl.

Writ Petition No.854 of 2014 2 As such, presently, it appears that it is only for violation of Motor Vehicle Rules, on account of which the tractors have been impounded and the 'challans' sent to the competent authority.

However, learned counsel for the petitioners submits that the tractor for which papers could not be produced, was actually purchased by one of the detenues, from the owner/manager etc.of the brick kiln in question, though, a transfer of ownership on the registration certificate has still not been effected.

That issue would be subject matter of any separate and appropriate proceedings, if an aggrieved party decides to institute any.

In view of the above and the fact that the alleged detenues having been released, the present petition is disposed of as having become rendered infructuous.

The District Magistrate, Panipat, is directed that periodical raids be conducted in the brick-kiln of his area, to ensure that the duty cast upon him under Section 10 to 12 of the Bonded Labour System (Abolition) Act, 1976, is discharged and no person is detained without his consent in such like premises.

05.06.2014 ( Amol Rattan Singh ) reena Judge Reena 2014.07.02 15:49 I attest to the accuracy and integrity of this document chandigarh