A public interest PIL filed for removal of encroachment over a cremation ground in Faridabad. The High Court directed the respondent to examine grievances and remove encroachments within six months.
Direction to respondent to examine grievances and remove encroachments within six months.
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Civil Writ Petition No. 17750 of 2007 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of Decision: January 16, 2009
Gajraj Singh and others
........... Petitioner
versus
State of Haryana and others
............ Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA
Present: None of the petitioners.
Mr. Rameshwar Malik, Addl. Advocate General, Haryana.
Mr. Aman Bansal, Advocate for respondents No. 2 and 3
T.S.Thakur, C.J. (Oral)
The only prayer made in this writ petition, filed in public interest, is for a writ of mandamus directing the respondents to have the encroachment over the cremation ground of village Ankhir, Tehsil and District Faridabad, removed. According to the averments made in the writ petition despite a representation made to respondent No.2, as far back as i September, 2007, no action whatsoever has been taken by the said respondent, to identify the exact area which has been encroached upon and
Civil Writ Petition No. 17750 of 2007 [2]
to have the same removed. The petitioner, therefore, seeks a mandamus directing the respondent to act in accordance with law, expeditiously examine the matter and remove the encroachment in accordance with law.
No one appears in support of the petition. Mr. Rameshwar Malik appearing for respondents No.1 to 3, however, submits that the petition has been filed in public interest and instead of dismissing the same for non prosecution, this Court could direct respondent No.2 to examine the representations and take appropriate steps in accordance with law. We find merit in that contention.
We accordingly dispose of this petition with a direction to respondent No.2 to examine the grievances of the petitioners in terms of the representation marked Annexure P-2 or any other representation which the petitioners or other residents of village Ankhir, Tehsil and District Faridabad may make in regard to the alleged encroachments over the cremation ground and take appropriate steps in accordance with law for removal of the same. The needful shall be done by respondent No.2 expeditiously, but not later than six months from the date of receipt of a copy of this order.
A copy of the order, under the signatures of Special Secretary of this Court, shall be handed over dasti to Mr. Rameshwar Malik. No costs.
( T.S. THAKUR ) CHIEF JUSTICE
( HEMANT GUPTA ) JUDGE
16.01.2009 khushbir
Gajraj Singh and others
State of Haryana and others
T.S. Thakur
Hemant Gupta
As recorded by the court registry
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