CWP No. 13505 of 2009 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 13505 of 2009
Date of Decision: 06.10.2009
Pipal Singh ..Petitioner
versus
State of Punjab and others ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
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. PPS Duggal, Advocate,
for the petitioner.
Mr. Rupinder Khosla, Addl. A.G. Punjab
for the respondents.
*****
T.S.Thakur, C.J. (Oral)
This petition purports to have been filed in public interest.
It prays for a mandamus directing the respondents to get the illegal and
unauthorised possession of respondent No.4 over a school building
vacated. It also prays for a direction to the respondents to have the
encroachments on the cremation ground and a common path way in the
village leading to the village pond removed in accordance with law.
When this petition came up for admission before us on
01.09.2009, we issued notice to the respondents and directed them to
CWP No. 13505 of 2009 [2]
file an affidavit, inter-alia, answering the following three questions:-
i) Whether any Primary School Building was constructed
in village Aladutha falling with the Gram Panchayat of
village Kala Tibba?
ii) If the building was constructed, why was the school not
started in the same and within how much time can the
school will made functional?
iii)Whether the building in question has been occupied by
respondent No.4 or any one else with or without the
permission of the authorities concerned? If the same has
been occupied do the authorities propose to have the
occupation vacated ?
The respondents have pursuant to the said directions filed
an affidavit sworn by Kamal Kishore Yadav, Deputy Commissioner,
Ferozepur, in which the questions mentioned above have been
answered by them. In reply to question No. (i) it is stated by the Deputy
Commissioner that a primary school building was indeed constructed in
village Alladutha falling within the Gram Panchayat of village Kala
Tibba. In answer to question No. (ii), it is stated that no school was
started in the said building due to non-availability of students in the
village. The affidavit further states that as per information given by the
Block Primary Education Officer, Ferozepur, a primary school was
functioning in village Alladutha from 20.8.1977 to 2.12.1987 but
without any school building. In December, 1987, the said school was
shut down because of non-availability of children. In so far as making
the school functional is concerned, the affidavit states that a survey
CWP No. 13505 of 2009 [3]
was conducted in the village which shows that there are only 9 school
going children, out of whom 4 are studying in a private school, 3
children are going to Government Primary School, Niazian while one
of the children is studying in the Government Middle School at
Niazian. According to the affidavit, there have to be at least 15 students
available in the village for starting a school. The affidavit goes on to
state that as and when the requisite number of students are available in
the village, the school shall be made functional. In the meantime, the
occupation Bohar Singh over the school building has been got vacated
by the authorities. The answer to question No. (iii) formulated by us
suggests that the building has been locked and keys of the school
building handed over to the Sarpanch of Gram Panchayat Kala Tibba.
It is evident from the above that the first part of the
grievance made by the petitioner regarding the illegal occupation over
the school building stands duly redressed by eviction of Bohar Singh
from the said building. The building is now in the occupation of the
Gram Panchayat Kala Tibba which makes any further direction from
this Court unnecessary. Even so we fail to understand as to why a
building was constructed for running a school, when the required
number of students were not available in the village. The fact that the
school that earlier existed was also shut down in December, 1987 only
goes to show that the quality of education provided in the government
school is very poor which forces the students to go to other private
institutions in the neighbourhood. Be that as it may, the authorities will
have to examine whether a school can be started and quality education
provided in the same for the benefit of the people living in the area.
CWP No. 13505 of 2009 [4]
Beyond that we do not propose to say anything at this stage.
Learned counsel for the petitioner argued that apart from
the illegal occupation of the school building, the petitioner has also
raised an issue regarding illegal occupation over a part of cremation
ground and encroachment over a common pathway in the village. He
drew our attention towards two representations made by him in this
regard, one of which is addressed to the Deputy Commissioner,
Ferozepur and the other to the Director Panchayat, Chandigarh. It is not
clear from the averments in the writ petition whether the said
representations have been examined and disposed of by the authorities
concerned. If the same have not been disposed of, we see no reason
why they cannot be dealt with expeditiously.
We, accordingly, dispose of this writ petition with a
direction that representations marked as Annexures P-3 and P-4 to the
petition shall be looked into by the authorities concerned and
appropriate orders passed on the same expeditiously but not later than
three months from the date a copy of this order is received by them.
The petitioner shall then have the liberty to seek such redress against
the said order as may be permissible in law. No costs.
(T.S.THAKUR)
CHIEF JUSTICE
(KANWALJIT SINGH AHLUWALIA)
JUDGE
06.10.2009
‘ravinder’