Shaminder Singh v. State Of Punjab And Others

CWP 1070/2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 1070/2019 Date of decision:28.3.2019 Shaminder Singh ..............Petitioner v.

State of Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Arun Kumar Tyagi Present:- Mr.Jastej Singh,Advocate for the petitioner Mr.HS Grewal,Addl.AG Punjab Mr.Rajiv Atma Ram,Senior Advocate assisted by Mr.Arjun Partap Atma Ram,Advocate.

Jaswant Singh,J,(Oral).

Petitioner, a resident and former Sarpanch of Village Chakk Suhele Wala, Tehsil Jalalabad, District Fazilka seeks writ in the nature of mandamus directing the official respondents to demarcate the Panchayat land of said Village, as some influential persons of the village having political background have allegedly encroached upon the panchayat/common land of the village in an illegal manner. Vide order dated 16.01.2019 passed by this Court, Deputy Commissioner, Fazilka was directed to file a status report indicating the details of the encroached area and the unauthorized occupants over the land belonging to the Panchayat after proper demarcation. In compliance thereof, a status report by way of affidavit dated 22.03.2019 of Sh. Manpreet Singh, Deputy Commissioner, Fazilka has been RAJINDER PARSHAD JOSHI 2019.04.05 09:35 I attest to the accuracy and integrity of this document

CWP 1070/2019 produced in court today. The same is taken on record. A perusal of the affidavit reveals that demarcation has been conducted under the supervision of Naib Tehsildar, Jalalabad in the presence of the concerned parties. It is further stated that BDPO Fazilka has been directed to take necessary legal action under the provisions of the Punjab Village Common Lands (Regulations) Act 1961 (hereinafter referred to as the '1961 Act') against illegal encroachers under Section 7 of the 1961 Act. Perusal of the affidavit further reveals that petitioner herein had also filed a suit for mandatory injunction in respect of the land in question which was withdrawn by him on 15.03.2019.

In view of the status report filed in Court today, learned Counsel for the petitioner concedes that the present writ petition has become infructuous.

Disposed of accordingly.

(Jaswant Singh) Judge 28.3.2019.

(Arun Kumar Tyagi) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2019.04.05 09:35 I attest to the accuracy and integrity of this document