IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.16715 of 2009
Date of decision: 3rd November, 2009
Nachattar Singh and others
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. S.S. Grewal, Advocate for the petitioners.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Petitioners claim themselves to be members of a truck union,
named as Dashmesh Truck Operators Union, Kup Kalan, Tehsil
Malerkotla, District Sangrur. Grievance of the petitioners is that a
compromise was effected at the behest of Tehsildar. He constituted a
committee of six members. Respondents No.6 to 8 are also members of
the committee and they are not adhering to the terms of compromise and
are misappropriating the funds. Petitioners allege that they had withdrawn
the payment from the Bank and distributed the same among themselves.
Learned counsel prays that a representation has been given
to the Deputy Commissioner and he be directed to decide the same.
Counsel is unable to answer following questions:
(a) What power vests in the Deputy Commissioner to meddle
with the affairs of a Truck Union, which is a private
organization ?;
Civil Writ Petition No.16715 of 2009 2
(b) The allegation that amount has been withdrawn from the
Bank, being a disputed question of fact, how the same can be
entertained in the writ jurisdiction ?;
(c) How the writ petition is maintainable regarding the affairs of a
Truck Union ?
Counsel has failed to satisfy this Court on the observations
made above. Therefore, present writ petition is dismissed, with liberty to
the petitioners to take recourse to the alternative remedy, available to
them under the provisions of law.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
November 3, 2009
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