Cwp No.12672 of 2014 Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154338
CourtPunjab and Haryana High Court
Decided OnJul-04-2014
AppellantCwp No.12672 of 2014
RespondentState of Punjab and Others
Excerpt:
cwp no.12672 of 2014 -1- in the high court of punjab and haryana at chandigarh cwp no.12672 of 2014 date of decision:04.07.2014 suresh kumar and others ..petitioners versus state of punjab and others ..respondents coram : hon'ble mr.justice rameshwar singh malik present :mr.r.s.manhas, advocate for the petitioners.**** 1. to be referred to the reporters or not?. 2. whether the judgment should be reported in the digest?. **** rameshwar singh malik j. (oral) feeling aggrieved against the alleged inaction on the part of the respondent authorities, petitioners have approached this court by way of instant writ petition under articles 226/227 of the constitution of india, seeking a writ in the nature of mandamus. learned counsel for the petitioners submit that although the claim of the petitioners was a genuine one and squarely covered by judgment dated 26.11.2009 (annexure p-6) passed by this court in cwp no.787 of 2009 (dharam singh and others v. state of punjab and others).judgment dated 21.1.2010 passed by this court in lpa no.1412 of 2009 (state of punjab and others v. dharam singh and others.as also the order dated 28.2.2011 passed by hon'ble the supreme court, yet the case of the petitioners was not being considered and they approached the respondent authorities, by way of justice demand notice dated 22.04.2014 (annexure p- 10) but the same is also pending decision. he further submits that the petitioners will be satisfied in case respondent no.3 is directed to consider thakral rajeev 2014.07.08 10:36 i attest to the accuracy and integrity of this document high court chandigarh cwp no.12672 of 2014 -2- and decide the claim of the petitioners.within a reasonable time. having heard the learned counsel for the petitioners and wihout expressing any opinion on the merits of the case, lest it should prejudice the rights of either of the parties, chief engineer, ranjit sagar dam project, shahpur kandi township, tehsil pathankot, district gurdaspur-respondent no.3 is directed to look into the matter, consider the grievance of the petitioners raised vide their justice demand notice dated 22.4.2014 (annexure p-10) which prima facie seems to be genuine and decide the same at an early date, by passing an appropriate order thereon, in accordance with law and keeping in view the judgments and order passed by this court as well as hon'ble supreme court referred to here-in-above, but in any case within a period of three months from the date of receipt of a certified copy of this order. with the observations made above, the present writ petition stands disposed of. (rameshwar singh malik) judge0407.2014 rajeev thakral rajeev 2014.07.08 10:36 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CWP No.12672 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12672 of 2014 Date of Decision:04.07.2014 Suresh Kumar and others ..Petitioners versus State of Punjab and others ..Respondents CORAM : HON'BLE Mr.JUSTICE RAMESHWAR SINGH MALIK Present :Mr.R.S.Manhas, Advocate for the petitioneRs.**** 1.

To be referred to the Reporters or not?.

2.

Whether the judgment should be reported in the Digest?.

**** RAMESHWAR SINGH MALIK J.

(Oral) Feeling aggrieved against the alleged inaction on the part of the respondent authorities, petitioners have approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus.

Learned counsel for the petitioners submit that although the claim of the petitioners was a genuine one and squarely covered by judgment dated 26.11.2009 (Annexure P-6) passed by this Court in CWP No.787 of 2009 (Dharam Singh and others v.

State of Punjab and others).judgment dated 21.1.2010 passed by this Court in LPA No.1412 of 2009 (State of Punjab and others v.

Dharam Singh and otheRs.as also the order dated 28.2.2011 passed by Hon'ble the Supreme Court, yet the case of the petitioners was not being considered and they approached the respondent authorities, by way of justice demand notice dated 22.04.2014 (Annexure P- 10) but the same is also pending decision.

He further submits that the petitioners will be satisfied in case respondent No.3 is directed to consider Thakral Rajeev 2014.07.08 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.12672 of 2014 -2- and decide the claim of the petitioneRs.within a reasonable time.

Having heard the learned counsel for the petitioners and wihout expressing any opinion on the merits of the case, lest it should prejudice the rights of either of the parties, Chief Engineer, Ranjit Sagar Dam Project, Shahpur Kandi Township, Tehsil Pathankot, District Gurdaspur-respondent No.3 is directed to look into the matter, consider the grievance of the petitioners raised vide their justice demand notice dated 22.4.2014 (Annexure P-10) which prima facie seems to be genuine and decide the same at an early date, by passing an appropriate order thereon, in accordance with law and keeping in view the judgments and order passed by this Court as well as Hon'ble Supreme Court referred to here-in-above, but in any case within a period of three months from the date of receipt of a certified copy of this order.

With the observations made above, the present writ petition stands disposed of.

(RAMESHWAR SINGH MALIK) JUDGE0407.2014 rajeev Thakral Rajeev 2014.07.08 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh