Gram Panchayat Garnala v. State Of Haryana And ORS.

Civil Writ Petition No.14250 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14250 of 2015 Date of Order: 17.07.2015 Gram Panchayat, Village Garnala.

..Petitioner

Versus

State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. Ram Kumar Saini, Advocate, for the petitioner.

RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of mandamus directing the Assistant Collector Ist Grade, Ambala, District Ambala, to issue warrants of possession, dispossessing Bhanna Ram son of Ramji Dass, respondent no.4, from the land in dispute.

Counsel for the petitioner submits that the Assistant Collector Ist Grade, Ambala, ordered the eviction of Bhanna Ram, vide order dated 15.05.1999. The appeal and the writ petition, filed by Bhanna Ram, were also dismissed. A civil suit, filed by Bhanna Ram for an injunction to restrain the Gram Panchayat and an appeal, have also been dismissed. The Gram Panchayat has repeatedly approached the Assistant Collector Ist Grade, for issuing warrants of possession, but as no action was taken, it was compelled to file an application, dated 14.07.2014, which has failed to elicit any response NARESH KUMAR 2015.07.20 12:47 I attest to the accuracy and authenticity of this document Chandigarh

Civil Writ Petition No.14250 of 2015 -2from the Assistant Collector Ist Grade, Ambala. Counsel for the petitioner prays that in view of the aforesaid facts, the Assistant Collector Ist Grade, Ambala, may be directed to issue warrants of possession and dispossess Bhanna Ram, respondent no.4 from the land, subject matter of the eviction order dated 15.05.1999. We have heard counsel for the petitioner, and upon due consideration of the arguments as well as averments in the writ petition, orders appended therewith, dispose of the writ petition by directing the Assistant Collector Ist Grade, Ambala, to forthwith ensure, in the absence of any legal impediment, that warrants of possession are issued and land belonging to the Gram Panchayat, subject matter of the eviction order dated 15.05.1999, is restored to the Gram Panchayat.

(RAJIVE BHALLA) JUDGE July 17, 2015 (AMOL RATTAN SINGH) nt JUDGE NARESH KUMAR 2015.07.20 12:47 I attest to the accuracy and authenticity of this document Chandigarh