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2025 DAILYLAW 74013 (PNJ)

SUNNY KUMAR v. STATE OF PUNJAB AND OTHERS

CWP/17979/2025 · 2025-07-03

Kuldeep Tiwari

Public Interest Litigationbody2025

Judgment text

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CWP-17979-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17979-2025 Date of decision: 03.07.2025 Sunny Kumar ….Petitioner Versus State of Punjab and others ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Gurmej Singh Bhinder, Advocate, for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. **** KULDEEP TIWARI, J. (Oral) 1. Learned counsel for the petitioner submits that the petitioner is in the business of organizing swings/rides in the events/fairs in country side areas, under the name and style of “Sandhu Amusement”. He submits that the petitioner intends to install swings/rides in Salana Mela, Danewala, Jalandhar, which is scheduled for 04.07.2025 and 05.07.2025. Accordingly, in order to obtain necessary permission, the petitioner approached the concerned Sub-Divisional Magistrate, Shahkot, who has forwarded his application to the PEPSO Road Transport Corporation, Kapurthala, to issue the requisite clearance certificate, after inspecting the rides. However, he submits that till date, no decision has been taken in the matter. Rather, the petitioner is being compelled to run from pillar to post. It is urged that since the petitioner has already moved the labourers and other paraphernalia for installation of the swings/rides to the area AMIT KUMAR 2025.07.03 15:21 I attest to the accuracy and authenticity of this document CWP-17979-2025 -2- concerned, in case, the early decision is not taken with regard to the clearance certificate, he would suffer a huge financial loss. 2. Notice of motion. 3. Mr. Sahil R. Bakshi, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 4, 6 and 7, and waives service. He, after having instructions from the quarter concerned, informs the Court that the petitioner will only be allowed to install, and operate the swings/rides in the mela ground, only after the issuance of a fitness/safety certificate by respondent No.5. 4. At this stage, Mr. Lakhwinder Singh Sidhu, Advocate, causes appearance on behalf of respondent No.5, and files his memo of appearance, and he undertakes to file a duly executed vakalatnama, with the Registry of this Court, within 15 days from today. He, after having instructions from the quarter concerned, apprises this Court that all the swings/rides installed by the petitioner will be physically inspected by tomorrow, i.e. on 04.07.2025, at about 10:00 AM, and, in case the same are found to be fit for operation, the requisite certificate will be issued to the petitioner, after complying with all the necessary formalities. 5. In view of the abovesaid specific stand set out by learned counsel for respondent No.5, this Court deems it apt to dispose of the instant writ petition, with a direction to the Deputy Superintendent of Police concerned, to allow the petitioner to install swings/rides in the mela ground, subject to payment of prescribed fee/charges to the concerned authorities. Further, respondent No.5 shall send its representatives/technical team to evaluate the physical fitness of all the AMIT KUMAR 2025.07.03 15:21 I attest to the accuracy and authenticity of this document CWP-17979-2025 -3- swings/rides installed by the petitioner at the mela ground, by tomorrow at 10:00 AM. In case, the same are found to be fit and safe to operate, the requisite certificate be issued to the petitioner, forthwith. 6. Accordingly, the instant petition is disposed of, with the aforesaid directions. 7. A copy of this order, under the signatures of the Bench Special Secretary of this Court, be supplied to the learned counsel for the parties, for compliance. (KULDEEP TIWARI) JUDGE 03.07.2025 Ak Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMIT KUMAR 2025.07.03 15:21 I attest to the accuracy and authenticity of this document