IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CWP No.4903 of 2009

Date of decision: March 27, 2009.

Sanjay Kumar & Ors.

...Petitioner(s)

v.

State of Punjab & Ors.

...Respondent(s)

CORAM:HON'BLE MR. JUSTICE SURYA KANT

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: Shri Amit Jain, Advocate for the petitioners.

ORDER

Surya Kant, J. - (Oral):

The petitioners seek quashing of the public notice (Annexure P-

3) in terms whereof it is alleged that they are being asked to shift their dairy

business outside the municipal limits of Khanna. They also seek a direction

for allotment of suitable sites to them outside the municipal limits in terms

of resolution No.16/267 dated 27.9.2005 passed by the Municipal Council,

Khanna.

It appears from the record that the petitioners are carrying on

the dairy business/milk vending within the municipal limits of Khanna for

the last several years. The Municipal Council, however, resolved on

8.1.1993 that the petitioners shall keep their cattle outside the municipal

limits. The petitioners challenged the said resolution in a civil suit.

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Meanwhile, the Municipal Council passed resolution no.16/267 dated

27.9.2005 resolving to prepare a scheme for allotment of suitable sites to the

dairy owners outside the municipal limits. Pursuant thereto a public notice

was issued on 25.8.2006 inviting applications from the persons like the

petitioners, who submitted their applications along with requisite demand of

Rs.10,000/-. No decision thereafter is stated to have been taken by the

Municipal Council as no alternative sites have been allotted to the

petitioners. Meanwhile, some public notice has appeared and the petitioners

apprehend that in terms of the original resolution dated 8.1.1993, their

business activities are likely to be thrown outside the municipal limits.

The petitioners are stated to have made several representations

including the representation dated 13.1.2009 (Annexure P-7) but no action

has been taken by the municipal authorities so far.

Having heard Learned Counsel for the Petitioners at some

length and keeping in view the nature of relief sought by them, I deem it

appropriate to dispose of this writ petition with a direction to the municipal

Council, Khanna to consider the petitioners' claim in terms of its resolution

No. 16/267 dated 27.9.2005 regarding the allotment of alternative sites

outside the municipal limits within a period of four months from the date of

receipt of a certified copy of this order. Till such a decision is taken, the

petitioners shall not be dispossessed from their existing business premises.

Dasti

March 27, 2009. [ Surya Kant ]

kadyan Judge

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