Rambir v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.23382 of 2015 Date of Decision: November 02, 2015 Rambir ....Petitioner versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

--- Present: Mr.Balram Singh, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner is a resident of village Banchari, Tehsil Hodel, District Palwal. He alleges that the Gram Panchayat land measuring 4 kanal 8 marlas comprising Khasra No.283 has been encroached upon and no action is being taken by the Gram Panchayat against the encroacher despite several complaints.

The alleged encroacher is not a party-respondent. It is also undeniable that under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, even a private person is competent to file eviction petition against the encroacher of the Gram Panchayat land In this view of the matter, we dispose of this writ petition by relegating the petitioner to the above-mentioned remedy with a further direction to the Assistant Collector, 1st MOHINDER KUMAR 2015.11.06 11:30 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.23382 of 2015 [2] Grade, before whom such a petition is maintainable, that if the petitioner files such petition within one month, the same be decided in accordance with law/principles of natural justice, within a period of six months from the date of its filing. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE November 02, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.11.06 11:30 I attest to the accuracy and authenticity of this document Chandigarh