IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.15617 of 2009 (O&M)
Date of decision: 13th October, 2009
Amit Jain
... Petitioner
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Arjun Pratap Atma Ram, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Civil Misc. No. 16830 of 2009
Application is allowed. The additional affidavit is taken on
record.
Civil Writ Petition No.15617 of 2009
Counsel for the petitioner submits that petitioner is engaged
in the business of mining and transport of sand, gravel and boulders from
the States of U.P. to Haryana. Learned counsel further submits that for the
reasons, which cannot be justified legally, trucks belonging to the
petitioner or his transporters are stopped and the movement of the goods
is restrained. Counsel submits that there is no legal provision, under which
the police officials could do so. Counsel further submits that even though
his representation (Annexure P-2) has not been addressed to the Senior
Superintendent of Police, Yamunanagar, his grievance primarily is against
SHO, Police Station Khizrabad and his subordinate officials. Counsel
further submits that earlier, one of the persons Brij Pal Singh had filed Civil
Civil Writ Petition No.15617 of 2009 2
Writ Petition No. 563 of 2000 on the same cause and learned Additional
Advocate General, Haryana had made a statement that the movement of
the trucks shall not be restricted.
Issue notice of motion.
On the asking of Court, Mr.Sanjeev Kaushik, Additional
Advocate General Haryana, accepts notice on behalf of the State. Copy of
the petition has been handed over to him.
Present writ petition can be disposed of without going into the
contents of the case, as counsel for the petitioner submits that he will
submit a representation to Senior Superintendent of Police, Yamunanagar
and confine his prayer to decision of his representation.
Counsel for the petitioner may file detailed representation to
the Senior Superintendent of Police, Yamunanagar, detailing the facts and
the order passed in Civil Writ Petition No. 563 of 2000. In case such a
representation is filed, the same shall be decided by the Senior
Superintendent of Police, Yamunanagar within two months, after receipt of
certified copy of this order.
With these observations, present petition is disposed of.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
October 13, 2009
rps