PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CWP No. 3068 of 2004 (O&M) Date of Decision: February 03, 2009. *** M.L.Kalia and others Versus Municipal Corporation, Patiala and ors. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Hemant Gupta. *** Present: Shri Vikas Singh, Advocate, for the petitioner. Shri H.S.Sidhu, Addl: A.G.Punjab. Shri I.P.S.Doabia, Advocate, for respondent No.1. Shri Ajay Nara, Advocate, for respondents No. 3 and 4. *** T.S.Thakur, CJ (Oral) This petition filed in public interest prays for a mandamus directing the respondents not to allow carving out of plots in contravention of the approved plan and also directing the respondents not to allow the private respondents to block the public streets. Action for restoration of the street as sanctioned in the scheme has also been prayed for. After arguing the matter at some length, learned counsel for the petitioners agreed to make a representation to the Commissioner, Municipal Corporation, Patiala and submitted that the Commissioner could be directed to look into the matter and take whatever remedial steps were called for having regard to the conditions obtaining on the spot. Learned counsel appearing for the respondents have no objection to that course being followed. In the circumstances we direct the petitioners to make a representation to the Commissioner, Municipal Committee, Patiala within a period of two months from today in which event the Commissioner shall look into the grievance made therein and examine what steps need to be taken to correct the situation, which according to the petitioners has got distorted on account of wrong sanctioning of the site and encroachments on the public street etc. -2- CWP No. 3068 of 2004 This petition is accordingly disposed off with the above direction. It is made clear that before taking any action adverse to any party, the Commissioner shall afford to the party concerned an opportunity of being heard. No costs. (T.S.Thakur) Chief Justice (Hemant Gupta) Judge February 03, 2009 Malik