Jaswinder Singh v. State Of Punjab And Others

CWP-15617-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15617-2023 Date of Decision: July 24, 2023 Jaswinder Singh ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Mohd.Yousaf, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ, order or direction especially in the nature of mandamus directing respondents No.3 and 4 to enquire the matter deeply and take action against the concerned revenue officer and private respondents, who have forged, fabricated and manipulated the revenue record in connivance with each other and thereafter developed illegal colonies over the government land (seasonal drain). It is further prayed that respondents No.2 and 3 be directed to get demarcation of land bearing Khasra No.100/1, measuring 78 kanal owned by the Punjab Government and thereafter, the possession of the same be recovered from the illegal encroachers/occupants settled by respondent No.7.

It has been contended by counsel for the petitioner that the petitioner sold 53 kanals of land and after selling the same it was found that purchaser sold it further and thereafter colonies were being raised by the MEENU 2023.07.

CWP-15617-2023 -2colonisers in an illegal manner. He submits that on the complaint filed by the petitioner, enquiry was carried out by the SDM, Ludhiana, who had recommended thorough enquiry to be carried out by some independent agency vide its report dated 27.07.2021. He submits that despite the recommendation of the SDM, no further action was taken in the matter. He submits that he filed a representation, Annexure P-3, (Vernacular) before respondents No.3 and 4 for taking action but the same is pending consideration till date.

Notice of motion to official respondents only at this stage. On asking of the Court, Ms.Akshita Chauhan, DAG, Punjab, who is present in Court, accepts notice on behalf of the official respondents/State.

After hearing counsel for the parties and going through the facts and circumstances of the case, it is apparent that petitioner has filed representation, Annexure P-3 (Vernacular), before the Deputy Commissioner on 07.06.2021 and before Commissioner of Police on 06.07.2022. Hence, the present petition is disposed of with a direction to respondent No.3, i.e. Deputy Commissioner, Ludhiana, to decide the representation, dated 07.06.2021, Annexure P-3 (Vernacular) expeditiously in accordance with law preferably within one month from the date of receipt of certified copy of this order.

July 24, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.07.25 16:12 I attest to the accuracy and integrity of this order/judgment