High Court of Punjab and HaryanaCRWP/2530/2021disposed of

Ram Pal And Others v. State Of Punjab And Others

2023-04-12Mr. Justice Sanjay Vashisth3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on :12.04.2023 Ram Pal and others . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Surjit Singh Swaich, Advocate for the petitioners.

Mr. Anmol Singh Sandhu, AAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) Perusal of the file reveals that on 31.01.2023, learned State counsel had produced the status report dated 17.05.2021 on behalf of respondents No.1, 2, 4 and 5 and relevant paragraphs i.e. No.5 to 7 of the said status report were reproduced in the said order dated 31.01.2023. Order dated 31.01.2023 passed by this Court says as under: "Total 18 petitioners have filed present petition for seeking protection to their lives, liberty and properties, and their family members, after feeling apprehensive and danger at the hands of respondents No.6 to 10, and the police of Police Station Kheri Gandian, District Patiala.

Status report dated 17.05.2021 filed on behalf of respondents No.1, 2, 4 & 5, is already on record. Para Nos.5, 6 & 7 of the said status report, says as under:- "5. That from the enquiry of the applications conducted by the SHO, P.S. Kheri Gandian, District Patiala it has been found that Rajni Sharma wife of petitioner Pawan Kumar contested election against present Sarpanch Rakesh Rani, in which Rajni Sharma lost the election. Therefore, there is a party faction in the village. 1100 Acre

- 2 - land of five villages near village Pabra has been acquired by the Punjab Govt. for 1.T.I. Park through PUDA Department. About 177 Acre Panchayat land of village Pabra has been acquired for this project. State Govt. has paid double rate i.e. Rs.24,70,000/- per acre from Collector's rate to Panchayat. and Rs.9 Lacs per acre has been paid to the Chakotadar to leave the possession. The above noted compensation amount has been deposited in the Panchayat Account. The petitioner party has filed CWP-2017 of 2211 and CRWP 2530 OF 2021 before this Hon'ble Court.

So, the matter is already under consideration of this Hon'ble Court. No facts regarding giving threats to the petitioner party has come to light and nor the petitioner party has produced any solid proof or witness during enquiry. So, the enquiry officer recommended that the applications be consigned to the record room. Copy of the enquiry dated 04-05-2021 is attached herewith as Annexure R-1.

That apart from the above, Gram Panchayat Pabra has filed various cases against the illegal possessors of Gram Panchayat Deh land, which has been decided against the petitioners. One of copy of such order dated 16-03-2021 in the case titled as Gram Panchayat Village Pabra Versus Pawan Kumar s/o Sukhdev Singh resident of village Pabra under Section 7 of the Punjab Village Common Land Regulation (Act 1961) Act 1961 is attached herewith as Annexure R-2. The possession of shamlat land will be taken by the Gram Panchayat from the petitioner party

- 3 - according to law. So, no illegality has been committed by the Gram Panchayat Pabra against the petitioners.

7. That the petitioners have filed the above noted petitions against Gram Panchayat Pabra just to restrain them from taking possession of Shamlat land according to law. No truth has been filed in the complaints/representations filed by the petitioners."

Counsel appearing for the petitioners seeks a short accommodation, on account of non-availability of the arguing counsel.

Adjourned to 03.02.2023. "

Thereafter, on previous date of hearing i.e. 03.02.2023, following order was passed by this Court:- "Learned counsel for the petitioners submits that although he was granted time earlier also, yet he requires some more time to place on record the evidence to project that still the threats are being issued to the petitioners, and thus, they require protection from this Court.

Adjourned to 12.04.2023. "

Faced with situation, learned counsel for the petitioners seeks permission to withdraw the present petition, at this stage. Dismissed as withdrawn, at this stage.

(SANJAY VASHISTH) JUDGE 12.04.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No