CWP No.11349 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11349 of 1989 DATE OF DECISION: March 10, 2011 KALU RAM AND OTHERS ...PETITIONERS VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? Yes/No 2. To be referred to the reporters or not? Yes/No 3. Whether the judgement should be reported in the digest? Yes/No ---- PRESENT: MR. ANIMESH SHARMA, ADVOCATE FOR THE PETITIONERS. MR. S.S. GORIPURIA, DAG, HARYANA. K.KANNAN, J.(ORAL) 1. Through the writ petition the petitioner seeks for a restraint against the respondents from removing sand and earth from the land belonging to the petitioner for raising the level of the phirni from 6 feet to 9 feet. 2. In the written statement, it is contended by the respondents that the petitioner had filed a civil suit for similar relief and he has also obtained an order of injunction. If the petitioner has opted for a civil Court remedy then the writ petition cannot be maintained. I do not think it will be appropriate to dismiss it on the issue of maintainability, but I do not still believe that any orders are necessary, if the parties are not able to given any definite information about the present status. Suffice it so say, that in the event of any fresh attempt on the part of the respondents or any of its functionaries in making any form of encroachment or any attempt to CWP No.11349 of 1989 -2- increase the level of the phirni, the petitioner shall be at liberty to take it as a fresh ground for obtaining necessary redress in the process known to law. 3. The writ petition is, therefore, directed as closed requiring no relief for the present and reserving to the petitioner the liberty as aforesaid. March 10, 2011 (K.KANNAN) Gulati JUDGE