The High Court dismissed a PIL challenging alleged encroachment on property used as a Sarai, holding it raised disputed facts pending in civil courts and involved no direct legal rights of the petitioners.
Petition dismissed; no specific relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
CI VI L WRI T PETI TI ON No.21994 of 2012 (O&M) DATE OF DECI SI ON: 08.01.2014
Ravinder Singh and others …..Petitioners
versus
State of Punjab and others .....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr.Amit Jain, Advocate for the petitioners
Mr. Harsimran S. Sethi, Addl. Advocate General, Punjab for respondents No.1 to 3
Mr. G.S. Attariwala, Advocate for respondent No.4
Mr. B.S. Jaswal, Advocate for respondent No.6 to 13
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
We are not inclined to entertain the present petition as a public interest litigation as it raises serious disputed questions of fact over which civil proceedings are pending. The Government authorities have taken a categorical stand that the property is not vested with the Governm ent authorities, though it was being used as a Sarai .
There is no written deed/ document by which the owner dedicated the property to a public cause and the legal heirs had sold the property. The change of user has not been permitted by the municipal authorities. The petitioners are complete outsiders to the whole issue except being residents of the area. In case the petitioners have any individual civil rights, it is open to them to exercise the same.
Dismissed.
Chand Parkash 2014.01.08 14:07 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether to entertain a petition as public interest litigation raising disputed questions of fact where civil proceedings are pending.
Whether a service establishment occupied as a Sarai constituted public property dedicated to public cause by legal heirs.
Ravinder Singh and others
State of Punjab and others
Sanjay Ki Shan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
