CWP No.14310 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14310 of 2009 (O&M) Date of Decision: 10.02.2010 **** Inderjit Kaur and another . . . . Petitioners VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Gurnam Singh, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The controversy in this case pertains to the appointment of Anganwadi Worker in Village Nangal Amb, Tehsil Ajnala, District Amritsar. While the petitioners claim that they are the permanent residents of the village for last more than 50 years, the Deputy Commissioner, Amritsar has returned a contrary finding in his order dated 04.08.2009 (Annexure P10). The case of the petitioners is that they have overwhelming evidence to establish that they are actually CWP No.14310 of 2009.doc - 2 – permanent residents of the Village Nangal Amb from the time of their forefathers. (2). A writ Court has its own limitations as it is well known that the disputed questions of facts cannot be ordinarily decided in exercise of the writ jurisdiction. At the same time, the assertion made by the petitioner need not be discarded at the outset, especially when the Sub Divisional Officer and the Gram Panchayat are said to have made recommendations in their favour. With a view to strike balance and to arrive at a just and fair conclusion, the writ petition is disposed of with a direction to the Director, Social Security and Women & Child Welfare, Punjab to call upon both the parties and permit them to produce the relevant documents. Let the records from the office of the Deputy Commissioner, Amritsar which led to passing of the order dated 04.08.2009 (Annexure P10), be also called upon and considered. After giving an opportunity of hearing to both the parties including the Gram Panchayat, the Director shall arrive at a final conclusion with regard to the facts of the case, noticed above. The entire exercise shall be undertaken by respondent No.2 within a period of CWP No.14310 of 2009.doc - 3 – two months from the date of receipt of certified copy of this order. The final decision for appointment of the Anganwadi Worker in Village Nangal Amb shall be taken thereafter. (3). Disposed of. (4). Dasti . (SURYA KANT) JUDGE 10.02.2010 vishal shonkar