COCP No.522 of 2008(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.522 of 2008(O&M) Date of decision: 6.8.2009 Karam Singh and another ......Petitioner(s) Versus Khushi Ram and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. K.S. Boparai, Advocate for the petitioners. Mr. M.C. Berry, Additional Advocate General, Punjab. Rakesh Kumar Garg, J.(Oral) CM No.6740-CII of 2008 Application is allowed subject to all just exceptions. COCP No.522 of 2008 The present contempt petition has been filed on behalf of Karam Singh and Gomma Singh both sons of Jhanda Singh r/o village Kheo Wali Dhab, Tehsil Fazilka Distt. Ferozepur, through their general attorney Harbans Singh s/o Mewa Singh r/o Basti Blochan Wali, City Ferozepur, Distt. Ferozepur, on the ground that this Court vide order dated 10.8.2007 passed in CWP No.12307 of 2007 had given a direction to the respondent-Department to decide their representation (attached as Annexure P-4 with the writ petition) pending before it, expeditiously but in spite of the aforesaid direction given by this Court, no action was taken by the respondent-Department. In response to the show cause notice issued by this Court, short affidavit of respondent No.1 has been filed wherein it has been COCP No.522 of 2008(O&M) 2 submitted that Karam Singh and Gomma Singh on whose behalf CWP No.12307 of 2007 was filed by Sh. Harbans Singh as their general attorney had died about 30 years back and therefore, the writ petition was filed on the basis of fake general power of attorney. It was also submitted that the claim of the petitioners was not acceded to keeping in view the report submitted by the Tehsildar Jalalabad, attached as Annexure R-1 with the reply of respondent No.1, During the pendency of these proceedings, Sh. PPS Duggall, Advocate who was earlier representing the petitioners withdrew from the case and vide order dated 9.9.2008, Harbans Singh alleged GPA of petitioners was summoned through bailable warrants. On 16.4.2009, he was present in Court and was duly represented by Sh. K.S. Boparai, Advocate. Thereafter, the petitioner submitted some record with regard to death of Karam Singh to submit that aforesaid Karam Singh had died in Rajasthan on 23.12.2005. However, he could not give any information with regard to death of Gomma Singh. Learned counsel appearing on behalf of the State has submitted that even the aforesaid document/certificate with regard to the death of Karam Singh has been fabricated by him. Be that as it may, the present petition has been filed by Harbans Singh on behalf of Karam Singh and Gomma Singh being general attorney. It is well settled that on the death of a person, the attorney executed by him comes to an end and therefore, Harbans Singh is not competent to pursue this petition as an attorney. In view of the fact that the State has disputed the correctness/genuineness of the document adduced by the petitioner, it will be fair to allow the respondent-State to make investigation and to take any suitable action in accordance with law against Harbans Singh. COCP No.522 of 2008(O&M) 3 However, in view of the facts and circumstances of the case, I am not inclined to proceed further with this contempt petition. Dismissed. Rule discharged. August 6, 2009 (RAKESH KUMAR GARG) ps JUDGE