IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2822 of 2011 Date of decision: 9.5.2011 Jaswant and another … Petitioner versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. S.S.Godara, Advocate for the petitioners Mr. R.S.Sharma, Advocate, for the respondents ... ARVIND KUMAR, J: The present petitioners are the plaintiffs in the suit for permanent injunction titled as Jaswant and another v. State of Haryana and others. Their application under Order 39 rules 1 and 2, Code of Civil Procedure, has been dismissed by the trial Court and so as by the lower appellate Court. Hence, this revision. The facts are that the suit was brought in a representative capacity stating that for the benefit of village community in general, a Scheme has been formulated that Anganwadi centres should be constructed in the premises of Primary Schools so that the children could easily reach the Anganwadi centre. However, the defendants in violation of the Scheme are not constructing Anganwadi Centre in the school premises but at a far away place from the abadi of the village, i.e. near Gair Mumkin Hadda Rori ( the place where dead animal’s carcasses are dumped by the by the inhabitants of the village). On the contrary, the stand of the defendants is that proper vacant site was not available in the primary school and now the land has been proved by the Gram Panchayat free of cost and the construction activities are going on and that the present suit is only to halt the construction activities. Heard. C.R. No. 2822 of 2011 -2- Counsel for the petitioners has not been able to convince this Court as to how the construction site is at a considerable distance from the village or that there would be any inconvenience to the children; rather the counsel for the respondents has pointed out that the construction site is within the village. The objection that the place is near a Hadda Rori, also does not convince this Court as counsel for the respondents has shown resolution of the Gram Panchayat indicating that Hadda Rori which now falls within the Abadi of the village, would be shifted at a distant place from the village. The order passed by the trial Court also indicates that the Additional Deputy Commissioner who is the Nodal Officer has also given no objection to the site and the construction activities are going on. In this back-drop of the facts, the application for ad-interim injunction has rightly been dismissed by the Courts below. No interference is called for. The revision petition is dismissed. Any observation made hereinabove shall not be construed to be an expression on the merits of the case. May 9, 2011 ( ARVIND KUMAR ) JS JUDGE