COCP No. 1205 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh … COCP No. 1205 of 2009(O&M) Date of decision: September 24, 2009 Parveen Kumari d/o Udma Ram .. Petitioner Versus Shri A.K.Mittal, AGM ..Respondent Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: None for the petitioner Mr. I.S.Sidhu, Advocate for the respondent .. Rakesh Kumar Garg,J(Oral) As per the averments made in this petition, the following order was passed on 30.3.2009 in CWP No.4966 of 2009:- “Having heard learned counsel for the petitioner and taking into consideration in nature of relief sought by her and the fact that she has already approached the respondent- authorities but they have not responded so far, I deem it appropriate to dispose of this writ petition with a direction to the General Manager(Northern Region) of the respondent- Corporation to take cognizance of the petitioner's complaint referred to above and dispose of the same strictly keeping in view the plan approved by the Government of India/ competent authority and if so required, to take necessary steps to ensure that the site plan is not tinkered with/frustrated by the executing authorities. However, if the competent authority is of the view that no modification in the plan is required in public interest and such a modification/deviation is likely to affect the petitioner's fields, in that even the petitioner shall be given an opportunity of being heard before deciding her complaint. The needful shall be COCP No. 1205 of 2009 2 done within a period of three months from the date of receipt of a certified copy of this order. Till a decision on the petitioner's complaint is taken, the transmission lines shall not be laid overhead the agricultural land of the petitioner.” The grievance of the petitioner before this court is that the respondent has violated the orders of this court as the complaint of the petitioner was to be decided within three months by giving her an opportunity of hearing and now the respondents are erecting the towers in the vicinity of the land of the petitioner in such a way that the transmission lines will be overhead the land of the petitioner without deciding her complaint. In response to the show cause notice issued by this court, reply by way of an affidavit of the respondent has been filed, stating that in compliance of the orders passed by this court, the petitioner was issued notice for appearance before him on 12.5.2009. However, she sought an adjournment on medical ground. Accordingly,she was called for 23.5.2009. However, the notice issued to her was received back undelivered as her house was found locked. Subsequent notices issued for 4.6.2009 and 25.6.2009 were also received back with the similar remarks. Since the petitioner did not appear hence respondent passed an order on 7.7.2009 rejecting her representations. Not only this, the petitioner had already challenged the aforesaid order dated 7.7.2009 by filing CWP No. 11557 of 2009 before this court, wherein vide order dated 7.8.2009, the respondent was directed to pass a fresh order on the representation of the petitioner in her presence by affording her an opportunity of hearing. Still the petitioner had not appeared in person. However, Shri R.B. Srot, Advocate appeared on her behalf on 12.8.2009 and 14.9.2009 and was given the opportunity of hearing and matter is under consideration for decision. From the record of this petition, I find that the petitioner had re-filed this petition on 8.7.2009 in which notice was issued for 27.7.2009. This speaks about conduct of the petitioner in volumes as she has suppressed material information from the knowledge of this court. In view of the aforesaid fact, this COCP No. 1205 of 2009 3 petition is wholly misplaced and is dismissed with costs which are assessed at Rs. 5000/-. Let the aforesaid costs be deposited with the State Legal Services Authority, Haryana within two months from today. In case the aforesaid costs are not deposited as aforesaid, this petition will be listed for further orders. September 24, 2009 (RAKESH KUMAR GARG) nk JUDGE