COCP No.1050 of 2009 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1050 of 2009 (O&M) Date of decision: October 29, 2009. Shamsher Singh ...Petitioner(s) v. S.L. Garg ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: None for the petitioner. Shri Ashok Jindal, Additional Advocate General, Haryana for the respondent. Rakesh Kumar Garg, J. (Oral): As per the averments made in this petition, the petitioner submitted a representation (attached as Annexure P-2 with the writ petition) to the respondents to re-model and renovate the outlet RD 20335 Jind and watercourse No.5 upti its tail in village Jamni in a proper manner. It is the further case of the petitioner that this court vide judgment dated 23.5.2008 disposed of CWP No.9128 of 2008 directing the respondents to consider the aforesaid representation of the petitioner expeditiously and inspite of the aforesaid directions, the respondents have failed to take any action. In response to the show cause notice issued by this Court, reply by way of affidavit of the respondent was filed, the relevant part of which reads as follows:- “That the present petition is not maintainable against the answering respondent because the work of remodeling of water course of outlet RD 20335-R of Jind Dy No.5 was to be remodelled in total length of 10468 feet, out of which 8268 feet COCP No.1050 of 2009 -: 2 :- length has already been remodelled. The interest of petitioner is for remodelling of 5200 feet length, out of which 5180 feet length has already been remodelled. Resulting 2180 feet length in two separate portions and 20 feet length in petitioners fields remain yet to be remodelled. Initially this work was allotted to “The Gangoli Co. Op. L/C Society Ltd.”. The agency completed 57% work and left the work incomplete due to non- cooperation of share holders by not allowing to enter their fields in standing crop period. Again after the orders of Hon'ble High Court dated 23-5-2008, “The Dathrath Co. Op. L/C Society Ltd.” was allotted for executing the balance work of construction of water course w.e.f. 26-5-08 and carried out 79% of balance work. This agency also left the balance work incomplete. Agency was requested to resume the work and notice was also served to the agency on dated 12-12-08 to execute the balance work by SDO Jind Water Services Sub Division. The agency was pursued again and again to complete the balance work but the agency did not turned up. Meanwhile model code of conduct was imposed for Parliamentary Elections on dated 2nd March 2009 and General Elections were concluded upto 28th May 2009, due to which fresh tenders could not be invited during the above said period. Accordingly the fresh tenders were again invited and opened on dated 24/6/2009 by Executive Engineer Jind Water Services Division Jind for completing the remaining balance work on through rate basis. Work ha sbeen allotted to “The Vishit Muni Co. Op. L/C Society Ltd.” on dated 26-08-2009. The remaining work could not be started due to the standing water in the adjoining fields having paddy crop at this stage. However the work of remodelling of remaining water course shall be completed after harvesting of paddy crop. The construction material has already been carried at site for execution of the balance work but the shareholders did not allow the construction work due to there standing paddy crops after persuation with share holders. COCP No.1050 of 2009 -: 3 :- In case the remodelling work is started at present, it may cause a great loss to the standing crops especially when there are drought like situation in Haryana despite the rainy season. The remaining remodelling work will be got completed after the harvesting of paddy crop.” In view of the aforesaid reply filed on behalf of the respondent, and the fact that there is no representation on behalf of the petitioner, I am not inclined to proceed further in this petition. Rule discharged. October 29, 2009. [ Rakesh Kumar Garg ] kadyan Judge