IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 8576 OF 2009 DATE OF DECISION: July 06, 2009. Parties Name Col. Daljit Randhawa ...PETITIONER VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Upender Prasher, Advocate, for the petitioner. JASBIR SINGH, J. (oral) ORDER: Petitioner has filed this writ petition with a prayer that a writ of mandamus be issued directing the respondents to close down the School, which is being run from a residential area. It is contention of counsel for the petitioner that School building has been constructed in violation of the Building By-Laws of Municipal Council, Hoshiarpur, and further that the School authorities have also encroached upon the Municipal land. It is apparent from the records that earlier also, petitioner came to this Court with similar prayer by filing C.W.P. No. 11545 of 2005, which was disposed of on October 31, 2006. Relevant portion of the order reads thus: “Be that as it may, without adverting to the controversy raised by the parties on dispute facts, the writ petition is disposed of CIVIL WRIT PETITION NO. 8576 OF 2009 -2- with the direction to the Executive Officer of respondent No. 2 to treat this writ petition as a representation and decide the same by passing a speaking order. While passing that order, it be specifically mentioned as to whether colony was earmarked only for residential purpose. It be also stated as to whether this site was reserved for School or not, whether any School is running on similar sites or not. If it is found that School is being run contrary to the scheme framed, necessary action be initiated against respondent No. 6 forthwith. It is made clear that before passing any order, opportunity of hearing be granted to both the parties. Needful be done within two months from the date of receipt of a certified copy of this order.” Admittedly, thereafter the matter was taken up by the Executive Officer, Municipal Council, Hoshiarpur, for reconsideration and after hearing both the parties and looking into the record, a detailed order dated February 9, 2007 (P-7) was passed. After looking into the contents of the order, referred to above, this Court feels that the present writ petition is nothing but an abuse of the process of the Court. It has positively been stated in order Annexure P-7 that the colony, in which School is situated, was not carved out as a residential colony alone. Besides this School, many other Schools and religious/ charitable institutions are functioning in the said colony. It has also come on record that there is no encroachment on the Municipal land by the School authorities and further that privacy of the petitioner, who resides in the adjoining house, has not been violated because the School building has been constructed by leaving 5.7 feet area, in CIVIL WRIT PETITION NO. 8576 OF 2009 -3- between. It has also come on record that School is running from the site from the year 1989. The petitioner had been participating in the School functions, as a guest of honour, which is apparent from the photographs placed on record. It appears that on account of strained relations, this writ petition has been filed. In this writ petition, nothing has been shown to rebut findings given in the impugned order, on the basis of which this Court may interfere in the order Annexure P-7. In view of this, present writ petition is dismissed. July 06, 2009. ( Jasbir Singh ) DKC Judge