Rajiv Narain Raina, J. - (1.) THIS Public Interest Litigation has been filed under Articles 226/227 of the Constitution of India by one Naresh Kumar Sehgal purporting to act on behalf of the self styled All India Hindu Welfare Committee, Kotkapura, District Faridkot -petitioner before this Court. A mandamus has been prayed to direct the State of Punjab, the arrayed functionaries of Government and the Municipal Council, Kotkapura to provide basic amenities to the residents of Kotkapura, i.e., drinking water, sewerage etc. and for a further direction to the State Government to order an inquiry of expenditure of lacs of rupees illegally incurred by the officials of Nagar Council, Kotkapura and making illegal constructions on Nagar Council properties. It is stated in the petition that the petitioner had communicated its grouse to the Deputy Commissioner, Faridkot through letter dated 12.10.2009, and that no action has been taken on the complaints. The alleged complaint has not been placed on record; however, the letters of the Deputy Commissioner, Faridkot have been placed on record dated 13.10.2009 and 20.10.2009. Taking cognizance of the matter, this Court had issued notice of motion to the respondents by an order dated 24.12.2009 calling for reports from the subordinate functionaries.
(2.) REPLIES have been filed by respondent Nos.1, 2, 3 and 5 i.e., Sub Divisional Magistrate, Faridkot and on behalf of respondent Nos.6 to 9. In the reply filed by respondent Nos.1,2 and 3, it has been denied that no action has been taken on the complaints. It appears that status of the petitioner has been disputed and that by itself, it is not entitled to invoke the jurisdiction of this Court. However, acting on the complaint, it was found that in the matter of issuing of tenders, no irregularities were found and that respondent No.6, i.e., Municipal Council, Kotkapura has been issued necessary directions to redress the grievances expressed, if any. Respondent Nos.6 to 9 have filed their separate replies. It has been stated that the matter has been taken up on priority and that it is facing a cash crunch since the Council's main source of income of about Rs. 2 Crores per annum depended on collection of octroi on petroleum products stored in oil dumps and depots within its jurisdiction but it came to be shifted to Bathinda causing loss of revenue. The other revenue source of cess on cotton and oil seeds have dried up following exemptions and concessions granted by the Punjab Government. In the circumstances, they state that they have been making genuine efforts within their resources and working towards providing of basic amenities. That there are encroachments on public land near shops etc. is not denied. At the same time, it is stated that adequate steps are being taken to remove encroachments through process of persuasion. It is also stated by the respondents and not denied by the petitioner that roads have been laid and re -carpeted within the municipal limits. As far as supply of potable water is concerned, it is stated in the reply dated 17.5.2010 that 70 % of the population within the municipal limits has been provided with water supply and sewerage and they are living in proper conditions and in case of faults, complaints are attended to. We have heard learned counsel for the parties and have perused the record. We do not see any substantial reason to continue with this matter. The basic complaint in the petition that grievances were not being redressed; that no attention was being paid to their representations has been found to be incorrect.
(3.) IN view of the written statements filed by the respondents, we are satisfied that the present petition can be disposed of with a direction to the respondents and particularly the 6th respondent, i.e, Municipal Council, Kotkapura to continue with its effort to redress the grievances of the nagriks and discharge its duties diligently and continuously in providing the remaining basic amenities required for good living conditions of the residents of Kotkapura. We deem it appropriate, in the circumstances to direct the Municipal Council to place on record of this case a status report of its efforts towards the amelioration of the nagriks on issues raised in this petition at the end of six months from the date of receipt of this order. The petition is disposed of accordingly.;