In the High Court of Punjab and Haryana at Chandigarh Civil Writ Petition No. 10024 of 2005(O&M) Date of Decision:April 30, 2009 Chiman Lal ---Petitioner versus State of Haryana and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Jaswant Jain,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana Mr. N.S.Shekhawat, Advocate, for the respondents. *** SABINA, J. Crl. Misc. No. 3681 of 2009 For the reasons mentioned in the application which is supported by an affidavit. This application is allowed. Civil Writ Petition is ordered to be restored to its original number. Civil Writ Petition No. 10024 of 2005 Through the instant writ petition filed under Articles 226/227 of the Constitution of India, petitioner has challenged order dated 31.5.2005 passed by Deputy Commissioner, Rewari (Annexure P-8) whereby the appeal filed by the petitioner seeking quashing of order dated 23.7.2004 passed by the Executive Officer, Municipal Committee, Rewari Civil Writ Petition No. 10024 of 2005(O&M) -2- cancelling the licence granted in favour of the petitioner was dismissed and order dated 23.7.2004 (Annexure P-7). After hearing learned counsel for the petitioner, I am of the opinion that there is no merit in this petition. Vide order dated 23.7.2004 (Annexure P-7), Executive Officer, Municipal Committee, Rewari cancelled the licence of the petitioner and others for the year 2002-2005 with immediate effect. Aggrieved by the same petitioner preferred an appeal. Learned Deputy Commissioner, Rewari while dismissing the appeal has observed as under:- After hearing all the parties and after going through the record that proceedings under Section 133 Cr.P.C. were initiated in the court of Sub Divisional Magistrate, Rewari. He himself visited the spot on 17.12.2003 for inspection and found particles of cotton flying in the air and also felt vibrations. He has also written in his report that it is difficult for a human being to breathe and is a source of nuisance. On receiving complaints from people Municipal Committee, Rewari issued a notice to the appellant to which reply was submitted. Municipal Committee Rewari sought opinion from L.A. and in public interest passed order dated 23.7.2004. As such finding no sufficient ground to interfere in the order passed by the Executive Officer, Municipal Committee Rewari dated 23.7.2004, the appeal filed by the appellant is dismissed. The record of the Municipal Committee be sent forthwith. The reasons given the learned Deputy Commissioner, Rewari, Civil Writ Petition No. 10024 of 2005(O&M) -3- while dismissing the appeal are sound reasons and hence call for no interference. Accordingly, this petition is dismissed. (SABINA) JUDGE April 30, 2009 PARAMJIT