Mandhir Singh v. Sh. Paramjit Singh Singh
Case Details
2025 (O&M) COCP-1527-2025 (O&M) -1- 212 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- COCP COCP-1527-2025 (O&M) Date of Decision : 02.07.2025 Date of Decision : 02.07.2025 Mandhir Singh ....Petitioner VERSUS Sh. Paramjit Singh Singh ....Respondent
Legal Reasoning
VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE Present: Mr. Deepak Kundu, Advocate for the petitioner. Mr. Deepak Kundu, Advocate for the petitioner. Mr. Deepak Kundu, Advocate for the petitioner. Ms. Shiny Chopra, AAG, Punjab. Ms. Shiny Chopra, AAG, Punjab. -.- VIKRAM AGGARWAL, J. (Oral) VIKRAM AGGARWAL, J. 1. The present contempt petition alleges willful disobedience of order The present contempt petition alleges willful disobedience of order The present contempt petition alleges willful disobedience of order The present contempt petition alleges willful disobedience of order dated 22.11.2024 (Annexure P-4) passed in CWP- dated 22.11.2024 (Annexure P -31549 of 2024. 2. ordinate Bench on CWP No.31549 of 2024 was disposed of by a co-ordinate Bench on CWP No.31549 of 2024 was disposed of by a co CWP No.31549 of 2024 was disposed of by a co 22.11.2024 and the following order was passed:- 22.11.2024 and the following order was passed: “ 1. yer herein is, inter alia, for issuance of a writ in the nature 1. Prayer herein is, inter alia, for issuance of a writ in the nature yer herein is, inter alia, for issuance of a writ in the nature of mandamus, directing respondents No. 3, 5 and 6 to resolve the of mandamus, directing respondents No. 3, 5 and 6 to resolve the of mandamus, directing respondents No. 3, 5 and 6 to resolve the of mandamus, directing respondents No. 3, 5 and 6 to resolve the grouse of the petitioner by ensuring levelling of the street and proper grouse of the petitioner by ensuring levelling of the street and proper grouse of the petitioner by ensuring levelling of the street and proper grouse of the petitioner by ensuring levelling of the street and proper s recognized by drainage of the water, stalled in front of his house, as recognized by drainage of the water, stalled in front of his house, a drainage of the water, stalled in front of his house, a respondent No. 4 in the order dated 03.02.2023 (Annexure P-4). respondent No. 4 in the order dated 03.02.2023 (Annexure P respondent No. 4 in the order dated 03.02.2023 (Annexure P 2. Learned counsel for the petitioner submits that for redressal of Learned counsel for the petitioner submits that for redressal of Learned counsel for the petitioner submits that for redressal of grievance of petitioner, he has served a legal notice dated 18.07.2024 grievance of petitioner, he has served a legal notice dated 18.07.2024 grievance of petitioner, he has served a legal notice dated 18.07.2024 grievance of petitioner, he has served a legal notice dated 18.07.2024 (Annexure P-7) upon respondent No. 2 (Annexure P (Director, Department of Rural 7) upon respondent No. 2 (Director, Department of Rural Development and Panchayat Punjab), but the same has not been Development and Panchayat Punjab), but the same has not been Development and Panchayat Punjab), but the same has not been Development and Panchayat Punjab), but the same has not been adverted to by concerned authorities, till date. adverted to by concerned authorities, till date. adverted to by concerned authorities, till date. TRIPTI SAINI 2025.07.04 09:51 I attest to the accuracy and integrity of this document 2025 (O&M) COCP-1527-2025 (O&M) -2- 3. On advance service of copy of instant petition, Mr. Navneet On advance service of copy of instant petition, Mr. Navneet On advance service of copy of instant petition, Mr. Navneet State. Singh, Senior DAG, Punjab, appears on behalf of respondent-State. Singh, Senior DAG, Punjab, appears on behalf of res Singh, Senior DAG, Punjab, appears on behalf of res 4. Learned State counsel submits that respondent No. 2 (Director, Learned State counsel submits that respondent No. 2 (Director, Learned State counsel submits that respondent No. 2 (Director, Department of Rural Development and Panchayat Punjab)/competent Department of Rural Development and Panchayat Punjab)/competent Department of Rural Development and Panchayat Punjab)/competent Department of Rural Development and Panchayat Punjab)/competent authority shall take a decision either way, on the pending legal notice authority shall take a decision either way, on the pending legal notice authority shall take a decision either way, on the pending legal notice authority shall take a decision either way, on the pending legal notice dated 18.07.2024 (Annexure P-7) of the dated 18.07.2024 (Annexure P petitioner, within a period of 7) of the petitioner, within a period of two months from today. two months from today. 5. Learned counsel for petitioner, keeping in view the aforesaid Learned counsel for petitioner, keeping in view the aforesaid Learned counsel for petitioner, keeping in view the aforesaid submissions made by learned State counsel, submits that he does not submissions made by learned State counsel, submits that he does not submissions made by learned State counsel, submits that he does not submissions made by learned State counsel, submits that he does not stage. intend to press the instant civil writ petition any further, at this stage. intend to press the instant civil writ petition any further, at this intend to press the instant civil writ petition any further, at this 6. Keeping in view the submissions made by learned counsel for Keeping in view the submissions made by learned counsel for Keeping in view the submissions made by learned counsel for
Decision
parties, the instant civil writ petition is disposed of accordingly. parties, the instant civil writ petition is disposed of accordingly. parties, the instant civil writ petition is disposed of accordingly. 7. Pending application (s), if any, shall also stand closed.” Pending application (s), if any, shall also stand closed.” 3. 2025, compliance Pursuant to orders passed by this Court on 26.03.2025, compliance Pursuant to orders passed by this Court on 26.03. Pursuant to orders passed by this Court on 26.03. report by way of affidavit of Sh. Uma Shankar Gupta, Director, Rural Development report by way of affidavit of Sh. Uma Shankar Gupta, Director, Rural Development report by way of affidavit of Sh. Uma Shankar Gupta, Director, Rural Development report by way of affidavit of Sh. Uma Shankar Gupta, Director, Rural Development and Panchayat, Punjab, was filed. It has been stated in the compliance report that and Panchayat, Punjab, was filed. It has been stated in the compliance report that and Panchayat, Punjab, was filed. It has been stated in the compliance report that and Panchayat, Punjab, was filed. It has been stated in the compliance report that was upon legal notice dated 18.07.2024, order dated 22.04.2025 (Annexure R-1) was upon legal notice dated 18.07.2024, order dated 22.04.2025 (Annexure R upon legal notice dated 18.07.2024, order dated 22.04.2025 (Annexure R passed. Further a letter was received from the office of the DDPO, Sangrur, as per passed. Further a letter was received from the office of the DDPO, Sangrur, as per passed. Further a letter was received from the office of the DDPO, Sangrur, as per passed. Further a letter was received from the office of the DDPO, Sangrur, as per which the Gram Panchayat, had drained the sewage from the house of the petitioner which the Gram Panchayat, had drained the sewage from the house of the petitioner which the Gram Panchayat, had drained the sewage from the house of the petitioner which the Gram Panchayat, had drained the sewage from the house of the petitioner bricks had also by laying underground plastic pipes in the street along the wall and bricks had also by laying underground plastic pipes in the street along the wall and by laying underground plastic pipes in the street along the wall and the street. Photographs of the laying of pipes and bricks have also been been laid in the street. Photographs of the laying of pipes and bricks have also been the street. Photographs of the laying of pipes and bricks have also been the street. Photographs of the laying of pipes and bricks have also been annexed as Annexure R-3. annexed as Annexure R 4. Learned counsel for the petitioner submits that since the order dated Learned counsel for the petitioner submits that since the order dated Learned counsel for the petitioner submits that since the order dated Learned counsel for the petitioner submits that since the order dated 03.02.2023 (Annexure P-2) passed by the Assistant Collector, Grade 03.02.2023 (Annexure P Sub 2) passed by the Assistant Collector, Grade-1 – cum – Sub Divisional Magistrate, Lehra, was not being complied with, legal notice dated Divisional Magistrate, Lehra, was not being complied with, legal notice dated Divisional Magistrate, Lehra, was not being complied with, legal notice dated Divisional Magistrate, Lehra, was not being complied with, legal notice dated as issued, which, in terms of the directions issued by a 18.07.2024 (Annexure P-3) was issued, which, in terms of the directions issued by a as issued, which, in terms of the directions issued by a 18.07.2024 (Annexure P TRIPTI SAINI 2025.07.04 09:51 I attest to the accuracy and integrity of this document 2025 (O&M) COCP-1527-2025 (O&M) -3- co-ordinate Bench on 22.11.2024, was to be decided. He submits that a perusal of the ordinate Bench on 22.11.2024, was to be decided. He submits that a perusal of the ordinate Bench on 22.11.2024, was to be decided. He submits that a perusal of the ordinate Bench on 22.11.2024, was to be decided. He submits that a perusal of the 2) shows that both are compliance report as also the communication (Annexure R-2) shows that both are compliance report as also the communication (Annexure R compliance report as also the communication (Annexure R dated 22.4.2025 and it is incompreh ensible as to how on the same date both the 22.4.2025 and it is incomprehensible as to how on the same date both the ensible as to how on the same date both the orders/communications were issued. orders/communications were issued. 5. On the other hand learned State Counsel submits that the directions of On the other hand learned State Counsel submits that the directions of On the other hand learned State Counsel submits that the directions of On the other hand learned State Counsel submits that the directions of , though with some delay which occurred on account of the Court stand complied with, though with some delay which occurred on account of , though with some delay which occurred on account of the Court stand complied unforeseen circumstances. unforeseen circums 6. Having considered the submissions made by learned counsel for the Having considered the submissions made by learned counsel for the Having considered the submissions made by learned counsel for the Having considered the submissions made by learned counsel for the parties and having gone through the relevant documents including the compliance parties and having gone through the relevant documents including the compliance parties and having gone through the relevant documents including the compliance parties and having gone through the relevant documents including the compliance 2) and the photographs report (Annexure R/1), order dated 22.04.2024 (Annexure R-2) and the photographs report (Annexure R/1), order dated 22.04.2024 (Annexure R report (Annexure R/1), order dated 22.04.2024 (Annexure R to be no willful that requisite action has been taken and there appears to be no willful that requisite action has been taken and there etc., it emerges that requisite action has been taken and there ordinate Bench. violation of the directions issued by the co-ordinate Bench. violation of the directions issued by the co 7. That being so, no further orders are required to be passed by this Court. That being so, no further orders are required to be passed by this Court. That being so, no further orders are required to be passed by this Court. That being so, no further orders are required to be passed by this Court. sed of. The contempt petition is accordingly disposed of. The contempt petition is accordingly dispo 8. Rule is discharged. Rule is discharged. July 2, 2025 tripti (VIKRAM AGGARWAL VIKRAM AGGARWAL) JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.07.04 09:51 I attest to the accuracy and integrity of this document