High Court Punjab-Haryana High Court

Pipal Singh vs State Of Punjab And Others on 6 October, 2009

Punjab-Haryana High Court
Pipal Singh vs State Of Punjab And Others on 6 October, 2009
 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’