HIRA SINGH HARNAM SINGH Vs. PUNJAB STATE
HIGH COURT OF PUNJAB AND HARYANA
HIRA SINGH HARNAM SINGH
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Kapur, J. -
(1.) This is a rule obtained by Hira Singh and another, residents of village Rupana. for and on behalf of themselves and the other inhabitants of the village for a writ of mandamus against the Slate of Punjab ordering the State to forbear from recovering punitive police tax imposed upon the inhabitants of that village.
(2.) The petitioners allege that on the night between the 14th and 15th September 1952 there was a. breach in the distributory within the area of village Rupana which the canal authorities alleged was a deliberate cut and an enhanced water rate was imposed upon the petitioners under the orders of the Divisional Canal Officer, Abohar Division, which order on appeal being taken to the Commissioner was set aside on 3-8-1953 wherein the Commissioner held that it had not been proved that there was a cut in the canal and not a mere breach. By a notification dated 9-12-1052 under S. 15, Police Act, the Governor of the Punjab declared amongst others Rupana village to be in a disturbed state because of the misconduct of the inhabitants and ordered the establishment of a punitive police post there, the cost of which was to be levied from the petitioners, the cost being Rs. 12,500/-. The petitioners alleged that the only reason for establishing the police post was the alleged deliberate cut in the canal which the Commissioner has found not to have been proved, and they have applied to this Court for a writ of mandamus.
(3.) In their reply the State have pleaded that the punitive police post was set up on account of the continued misconduct of the inhabitants of the village and in paragraph 8 they have given a long List of the misconduct which consists of-
"(1) the inhabitants had indulged in the offencc of canal cutting regularly and persistently. One cut was in 1949, one in 1950, one in 1951 and two in 1352; (2) sixty-three eases were reported from the Village in the preceding five years (1949 to 19531 including two highway robberies, one murder, one murderous assault and twenty-one cases under the Indian Arms Act; and (3) there were also cases in regard to three bad characters "in bundle 'A' and one in bundle 'B' and ten having personal files".";
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