LPA No. 557 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 557 of 2011 (O&M) Date of Decision: May 12, 2011 Ram Karan Giri …Appellant Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Ashok Giri, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 28.01.2011 rendered by the learned Single Judge holding that the issue raised by the appellant would give rise to disputed question of fact which ordinarily are not gone into writ proceedings. Accordingly, the appellant has been relegated to the remedy of approaching either the Oil Authorities or a civil Court. 2. The allegation of the appellant is that his request for new LPG Gas connection has been rejected vide order dated 10.01.2011 (P-2) on the ground that his residence falls beyond the radius of the Gas Agency. Respondent No.2 has pointed out that M/s Deep Indane, Majri is authorised to release new LPG connection against LPA No. 557 of 2011 (O&M) -2- waiting list only within 15 km radius of Majri and since the residence of the appellant in Govind Vihar did not fall within this area, the request made by the appellant was rejected. However, the appellant has disputed the fact regarding distance. Accordingly, we find that such like fact can only be adjudicated either by the civil Court or by the Oil Authorities. The learned Single Judge has rightly taken the view by relegating the appellant to the aforesaid remedy. There is, thus, no merit in the appeal. 3. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE May 12, 2011 Atul