Civil Writ Petition No. 13863 of 2006 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: February 03, 2009 Yaspal Gupta ............ Petitioner versus State of Haryana and others ............ Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA 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. S.S. Dinarpur, Advocate for the petitioner Mr. Rameshwar Malik, Addl. Advocate General, Haryana Mr. Bikram Chaudhary, Advocate for respondent No. 4 Mr. Deepak Sibal, Advocate for respondent No. 5 ***** T.S.Thakur, C.J. (Oral) This petition, filed in public interest, prays for a writ of certiorari quashing an order dated nil passed by respondent No.4 as well as Resolution dated 12.05.2006 passed by the said respondent declaring the area around the Red Road in Thanesar, District Kurukshetra, as a commercial area. It also prays for a writ of mandamus directing respondent No. 4 to shift all the polluting, hazardous and noxious commercial units out Civil Writ Petition No. 13863 of 2006 [2] of the residential area so as to bring the user of the property in conformity with the Town Planning Scheme No. 5, sanctioned for that area. The respondents have filed their affidavits in reply. The affidavit filed on behalf of respondents No.1 and 2, inter alia, states that the Deputy Commissioner, Kurukshetra had been requested to suspend the impugned Resolution No. 8 dated 12.05.2006 passed by the Municipal Council, Thanesar, in terms of Section 246 of the Haryana Municipal Act, 1973. It is common ground that pursuant to said request, Deputy Commissioner, Kurukshetra, had, indeed, suspended the Resolution in question and sent the order of suspension to the Divisional Commissioner, Ambala, for confirmation. The Divisional Commissioner in turn directed the Deputy Commissioner to seek the comments of the Municipal Council, Thanesar, and resubmit the papers for approval of the order of suspension. The matter is, accordingly, pending before the Deputy Commissioner for eliciting the comments of the Municipal Council and resubmission of the same to the Divisional Commissioner, Kurukshetra. Learned counsel for the parties submitted and, in our opinion, rightly so that since the entire issue regarding declaration of the area in question as a commercial area is being examined by the competent statutory authority, this writ petition could be disposed of with a direction to them to pass a final order on the subject expeditiously and within such time as the Court may fix. In the circumstances therefore and keeping in view the fact that the matter is already engaging the attention of the competent authority under the Act (supra), we see no reason to issue any direction on the merits of the case. Needless to say that the Deputy Commissioner and the Divisional Commissioner, referred to above, shall examine the matter and Civil Writ Petition No. 13863 of 2006 [3] pass an appropriate order on the subject expeditiously, but not later than six months from the date a copy of the order is received by them. The petition is accordingly disposed of bearing the parties to bear their own costs. ( T.S. THAKUR ) CHIEF JUSTICE 03.02.2009 ( HEMANT GUPTA ) khushbir JUDGE