CWP No. 17131 of 2008 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 17131 of 2008
Date of Decision: 12.11.2008
Faquir Chand and others ..Petitioners
versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE JASBIR SINGH
1.Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Arun Bansal, Advocate
for the petitioners
*****
T.S.Thakur, C.J. (Oral)
Issue notice of motion to respondents No.1 to 4 only at the first
instance.
Mr. Malik accepts notice on their behalf.
Notice to respondent No.5 is dispensed with.
The petitioners grievance in this writ petition filed in public
interest is that the benefit of the Water Shed Scheme formulated by the State
Government is not being extended to the deserving persons of village Khasa
Mahajanan, Tehsil Mandi Adampur, District Hisar in the State of Haryana.
A legal notice sent to the State Government including the Collector, Hisar
enumerates the irregularities in the working of the said scheme and also
unfair denial of the benefit to those entitled to the same. The Water Shed
Scheme Committee responded to the said notice, in which the allegations
made by the petitioners were refuted without a proper verification of the
CWP No. 17131 of 2008 [2]
facts and enquiry by the concerned agency. This according to Mr. Bansal,
learned counsel for the petitioners left no alternative for the petitioners
except to file the present writ petition in which they have not only prayed
for a mandamus directing the respondents to grant necessary benefits of
Water Shed Scheme but also to hold an enquiry into the alleged
embezzlements of the funds allocated for the same.
Mr. Malik, learned Addl. Advocate General, Haryana appearing
for respondents No.1 to 4 submits and in our opinion rightly so that if the
petitioners made a proper representation to the Deputy Commissioner cum
Chairman, District Rural Development Agency, Hisar enumerating the
alleged irregularities and the alleged denial of the benefits due to the
villagers under the scheme, the Deputy Commissioner would look into the
same and take remedial steps in accordance with law. That statement in our
opinion should sufficiently satisfy the petitioners making it unnecessary for
us to keep the present writ pending on the board of this Court.
We accordingly dispose of this writ petition with the
observation that in case the petitioners file a representation addressed to the
Deputy Commissioner cum Chairman, District Rural Development Agency,
Hisar, within a period of four weeks from today, the Deputy Commissioner
shall entertain the same, hold an enquiry into the allegations made by the
petitioners and take remedial steps in the matter, in accordance with law.
The needful shall be done by the Deputy Commissioner expeditiously but
not later than three months from the date the representation is received by
him.
Copy of the order be given dasti to Mr. Malik under the
signatures of Bench Secretary, for onward transmission to the Deputy
Commissioner.
(T.S.THAKUR)
CHIEF JUSTICE
(JASBIR SINGH)
JUDGE
12.11.2008
‘ravinder’