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2025 DAILYLAW 40124 (PNJ)

NISHAN SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP-PIL/69/2025 · 2025-04-30

Sumeet Goel

Public Interest Litigationbody2025

Judgment text

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CWP- IN THE HIGH COURT OF PUNJAB AND HARYANA AT Nishan Singh and others State of Punjab and others CORAM: Present: SUMEET GOEL 1. Constitution of India in the nature of Public Interest Litigation, seeking issuance of an appropriate writ particularly in the nature of mandamus, with the following substantive prayer: 2. prayer and submits that the petitioners would be satisfied if a direction is issued to respondent No.2 to consider and take a conscious decision on the legal notice -PIL-69-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Nishan Singh and others V/s State of Punjab and others CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Ms. Navjot Kaur, Advocate for Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners. ***** SUMEET GOEL, JUDGE The present petition has been filed un Constitution of India in the nature of Public Interest Litigation, seeking issuance of an appropriate writ particularly in the nature of mandamus, with the following substantive prayer: “i. A writ in the nature of mandamus respondent authorities to take appropriate action as enshrined in Punjab Municipal Corporation Act, 1976 as well as Punjab Municipal Building Byelaws 1918 against the respondent No.7, who himself is a Building Inspector in the Municipal Corporation Amritsar is causing public Nuisance by indulging in commercial activities in a residential area situated in the area falling under respondents No.2 and 3, in the interest of justice and equity. ii. A writ in the nature of mandamus may b respondent no.2 to decide and act upon the representation/legal notice dated 25.11.2024 (Annexure P-9). Learned counsel for the petiti prayer and submits that the petitioners would be satisfied if a direction is issued to respondent No.2 to consider and take a conscious decision on the legal notice (Annexure P-9) made by the petitioners in a time bound manner. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-PIL-69-2025 Date of decision: 30.04.202 ....Petitioners ....Respondents HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Ms. Navjot Kaur, Advocate for Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners. ***** petition has been filed under Article 226/227 of the Constitution of India in the nature of Public Interest Litigation, seeking issuance of an appropriate writ particularly in the nature of mandamus, with A writ in the nature of mandamus seeking directions to the respondent authorities to take appropriate action as enshrined in Punjab Municipal Corporation Act, 1976 as well as Punjab Municipal Building Byelaws 1918 against the respondent No.7, who himself is a Building icipal Corporation Amritsar is causing public Nuisance by indulging in commercial activities in a residential area situated in the area falling under respondents No.2 and 3, in the interest of A writ in the nature of mandamus may be issued directing the respondent no.2 to decide and act upon the representation/legal notice 9).” Learned counsel for the petitioners, at this stage, limits her prayer and submits that the petitioners would be satisfied if a direction is issued to respondent No.2 to consider and take a conscious decision on the ) made by the petitioners in a time bound manner. .2025 HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE Article 226/227 of the Constitution of India in the nature of Public Interest Litigation, seeking issuance of an appropriate writ particularly in the nature of mandamus, with seeking directions to the respondent authorities to take appropriate action as enshrined in Punjab Municipal Corporation Act, 1976 as well as Punjab Municipal Building Byelaws 1918 against the respondent No.7, who himself is a Building icipal Corporation Amritsar is causing public Nuisance by indulging in commercial activities in a residential area situated in the area falling under respondents No.2 and 3, in the interest of e issued directing the respondent no.2 to decide and act upon the representation/legal notice oners, at this stage, limits her prayer and submits that the petitioners would be satisfied if a direction is issued to respondent No.2 to consider and take a conscious decision on the ) made by the petitioners in a time bound manner. AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document CWP- 3. 4. Additional A.G. Punjab respondent(s). He submits he has no objection in case the limited prayer made by the learned counsel for the petitioner 5. perused the paper 6. case & without going into merits thereof, the instant petition with a direction to (respondent No.2 herein) by the petitioners; objectively consi representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioners, in accordance with law, within a period of two months from today. Such decision be communicated to the peti within fifteen days of it being taken. Pending application(s), if any, shall also stand disposed off. April 30, 202 Ajay -PIL-69-2025 Notice of motion, at this stage, to official respondents only. On the strength of the advance notice, Mr. Saurav Khurana, Additional A.G. Punjab, accepts notice on behalf of the said official respondent(s). He submits he has no objection in case the limited prayer the learned counsel for the petitioner We have heard learned counsel for the rival parties and have perused the paper-book with their assistance. Keeping in view the entirety of facts and circumstances of the without going into merits thereof, the instant petition with a direction to the Commissioner, Municipal Corporation, Amritsar, (respondent No.2 herein) to look into the by the petitioners; objectively consider the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioners, in accordance with law, within a period of two months from today. Such decision be communicated to the peti within fifteen days of it being taken. Pending application(s), if any, shall also stand disposed off. , 2025 Whether speaking/reasoned: Whether reportable: 2 is stage, to official respondents only. On the strength of the advance notice, Mr. Saurav Khurana, , accepts notice on behalf of the said official respondent(s). He submits he has no objection in case the limited prayer the learned counsel for the petitioners, at this stage, is accepted. We have heard learned counsel for the rival parties and have book with their assistance. Keeping in view the entirety of facts and circumstances of the without going into merits thereof, the instant petition is disposed of the Commissioner, Municipal Corporation, Amritsar, to look into the legal notice (Annexure P-9) moved der the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioners, in accordance with law, within a period of two months from today. Such decision be communicated to the petitioners within fifteen days of it being taken. Pending application(s), if any, shall (SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) JUDGE Yes/No Yes/No On the strength of the advance notice, Mr. Saurav Khurana, , accepts notice on behalf of the said official respondent(s). He submits he has no objection in case the limited prayer We have heard learned counsel for the rival parties and have Keeping in view the entirety of facts and circumstances of the is disposed of the Commissioner, Municipal Corporation, Amritsar, ) moved der the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioners, in accordance with law, within a period tioners within fifteen days of it being taken. Pending application(s), if any, shall AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document