Gram Panchayat Village Gadhapur and Anr. Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Gram Panchayat Village Gadhapur and Anr. Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without commenting on merits; respondent No.6 directed to get the facts verified and ensure appropriate action against persons found guilty, after affording them an opportunity of hearing, with the decision to be taken within two months from presentation of the order; pending application(s), if any, also disposed of.

Issue for consideration

Whether illegal mining was being allowed in the area so as to damage the embankment and dam of the Sutlej River, particularly with reference to villages Gadhapur and Gaunsgarh. +1 more

Court's answer

Without commenting upon the merits of the petition, the Court disposed of the petition with a direction to respondent No.6 to get the facts verified and to ensure that appropriate action as would be required is taken against the persons found guilty.

Ratio / Principle

Persons found violating the law are to be given an appropriate opportunity of hearing before an appropriate decision is taken against them.

Key takeaways

The appropriate decision in the matter is to be taken within a period of two months from the date of presentation of the order.ratio¶16

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Ashwani Kumar Mishra and Rohit Kapoor, JJ.; order pronounced orally by Mishra J.) disposed of CWP No.15328 of 2025 (O&M) filed through residents by Gram Panchayat, Village Gadhapur and Gram Panchayat, Village Gaunsgarh, Rahon Road, Tehsil and District Ludhiana. The petitioners alleged that illegal mining was being allowed in the area, that the embankment and dam of the Sutlej River were likely to be damaged, particularly with reference to villages Gadhapur and Gaunsgarh, and that despite repeated approaches to the State authority no action was being taken; photographs showing deterioration of the road were annexed. State counsel (Ms. Samdisha Kaur, A.A.G., Punjab), appearing on advance notice, submitted that the grievance would be got examined by respondent No.6 by passing appropriate orders. Without commenting upon the merits, the Court disposed of the petition directing respondent No.6 to get the facts verified and to ensure appropriate action against persons found guilty, it being made clear that such persons would be given an appropriate opportunity of hearing and that the appropriate decision shall be taken within two months from the date of presentation of the order. Pending application(s), if any, also stood disposed of. No statutory provision or precedent was cited and no impugned order was under challenge; the identity of respondent No.6 is not disclosed in the order.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

115 CWP No.15328 of 2025 (O&M) Date of decision: 04.09.2025

GRAM PANC H AYAT, VILLAGE GADHAP U R AND ANOTHER

…. Petitioners

Versus

STATE OF P U NJAB AND OTHERS … . Respondents

CORAM: HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR

Present : M r . Harmanpreet Singh Mander a n d Ms. Kritika, Advocates f o r the petitioners.

M s . Samdisha Kaur, A.A.G., Punj a b.

ASHWANI KUMAR MISHRA, J. (oral)

T h e petitioners before this Cour t are Gram Panchayat, Villag e Gadhapur and Gram Panchayat, Village Gau n sgarh, Rahon Road, Tehsil an d District Ludhi a na which have filed the writ petition through the resident s contending tha t illegal mining is being allow e d in the area and as a result o f which, emban k ment and dam of Sutlej Ri v er, is likely to be damage d particularly wi t h reference to village Gadhapu r and Gaunsgarh. It is contende d that despite re p eated approaches made to the a u thority of the State, no action i s being taken. T hus, aggrieved, the petitioners are before this Court. Variou s photographs h a ve been annexed with this petit i on to show that condition of th e road has deteri o rated over a period of time.

Jyoti 2025.09.08 11:24 I attest to the accuracy and integrity of this document

CWP No.15328 of 2025 (O&M) - 2-

L e arned State counsel, who has a p peared on advance notice of th e petition, subm i ts that grievance of the petitio n ers would be got examines b y respondent No.6 by passing appropriate orders.

W ithout commenting upon the m e rits of the petition, we deem i t appropriate to d ispose of this petition with the direction to respondent No.6 t o get the facts verified and to ensure that approp r iate action as would be require d to be taken ag a inst the persons who are foun d guilty in the matter is taken. I t goes without s a ying that appropriate opportun i ty of hearing would be given t o such persons w ho are found violating the law and appropriate decision in tha t regard shall b e taken within a period of t wo months from the date o f presentation o f this order.

P e nding application, if any, also s t ands disposed of.

(ASHWANI KUMAR MISHRA) JUDGE

(ROHIT KAPOOR) September 04, 2025 JUDGE

Jyoti-IV

Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

Jyoti 2025.09.08 11:24 I attest to the accuracy and integrity of this document