COCP No. 238 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 238 of 2009 (O&M) Date of Decision: 10.8.2010 Gian Kaur .....Petitioner Versus Harbhajan Singh and others ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 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: Shri Atul Lakhanpal, Senior Advocate, with Shri R.S. Chahal, Advocate, for the petitioner. Ms. Jatinderjit Kaur, Advocate, for respondent Nos. 1 and 3 to 6. Shri S.S. Sahu, AAG, Punjab, for respondent No. 7. Hemant Gupta, J. (Oral) The grievance of the petitioner is that the order passed by this Court on 3.5.2006 has not been given effect to. The order dated 3.5.2006 passed by this Court reads as under:- “We have heard the learned counsel for the parties and gone through the record. We have perused the impugned order, Annexure P.9 as also paragraph 3 of the written statement of Gian Kaur, Sarpanch. We find that a cumulative reading of these documents would show that at this stage, it COCP No. 238 of 2009 (O&M) [2] would perhaps be difficult to shift the cremation ground to a third place as suggested by the petitioner. We accordingly dismiss the writ petition but direct the respondents to make efforts to see that the cremation ground for both Adharmi and other castes be shifted to some place away from the Hadda Rori.” The aforesaid order came to be passed in a writ petition filed by respondent No. 1-Harbhajan Singh, wherein the challenge was made to a resolution dated 31.12.2003; order dated 28.7.2004 passed by the Deputy Director, Rural Development and Panchayat and order dated 17.11.2004. This Court found that it would be difficult to shift the cremation ground to a third place. The writ petition was dismissed but with direction to the respondent Nos. 2 to 6 to make efforts to see that the cremation ground for both Adharmi and other castes be shifted to some place away from the Hadda Rori. In a detailed reply filed on behalf of the respondents, it has been pointed out that the District Development and Panchayat Officer, has passed an order on 28.5.2008 (Annexure R.1) in respect of the shifting of the Hadda Rori. It is also mentioned that the dead bodies are being cremated in the land described as Gair Mumkin Masaan in Khasra Nos. 844, 845, 846, 851 and 925 and Hadda Rori is in Khasra Nos. 824, 871, 873, 1178, 1178/2 and 1229. It is also pointed out that the petitioner has filed a civil suit, which is still pending. The direction of this Court to the respondents in the writ petition was to make efforts to see that the cremation ground for both Adharmi and other castes be shifted to some place away from the Hadda Rori. From the reply, prima-facie, it is found that the cremation grounds and Hadda Rori are at different places. Such is the COCP No. 238 of 2009 (O&M) [3] order passed by the District Development and Panchayat Officer on 28.5.2008. The petitioner has also invoked the jurisdiction of the Civil Court, therefore, it cannot be said that the order passed by this Court has been violated, in any manner. Hence, the present petition is dismissed. Rule is discharged. [HEMANT GUPTA ] JUDGE 10.8.2010 ds