Pawan Kumar vs State of Punjab and others

Surya Kant, J.—The petitioner is aggrieved by the show cause notice dated 11.5.2012 (Annexure P-7) issued by the Estate Officer, Punjab Mandi Board, Chandigarh, asking the petitioner to raise construction over the allotted site bearing Plot No. 93, Mandi Kartarpur. The petitioner, on the other hand, claims that he has already constructed a shop over Plot No. 93 in the year 2008 which the respondents are treating as Plot No. 95. Reference is made to the site plan as well as photographs on record. Having heard Learned Counsel for the petitioner and after going through the contents of the order passed by this Court in COCP No. 2027 of 2011 (M/s Khanna Traders versus Sh. R.P. Singh and others) (Annexure P-10), we are of the considered view that the issue raised on behalf of the petitioner is essentially a question of fact to be resolved by the respondent-authorities. We accordingly dispose of this writ petition with liberty to the petitioner to submit his reply to the show cause notice alongwith the relevant documents to respondent Nos. 2 & 3 who shall consider and dispose of the same by passing a speaking order within a period of two months from the date of its receipt. Till then, status-quo regarding construction, if any already raised by the petitioner, shall be maintained.

Since more than one instances of change of number of sites have been brought to our notice which prima-facie could not have happened except with the collusion and connivance of the authorities of the Mandi Board, we also deem it appropriate to direct the Principal Secretary to the Government of Punjab, Department of Agriculture, to hold a fact finding enquiry and if anyone found guilty, take necessary action against him for major punishment.

A compliance affidavit be filed. Let a copy of this order be given dasti to Ms. Monica Chhibber Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance.