Nachattar Singh v. State Of Punjab And ORS

CWP-24942-2016 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24942-2016 Date of Decision: December 06, 2017 Nachattar Singh .....Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Vinod Bhardwaj, Advocate for the petitioner. Ms.Ambika Luthra, Sr.DAG, Punjab.

Mr.M.K.Singla, Advocate for respondent No.6.

........

SURYA KANT, J.

The controversy in this case pertains to eviction of unauthorised occupants over the Gram Panchayat land in village Shahpur Kalan, Tehsil Sunam, District Sangrur. While grievance of the petitioner is that the Gram Panchayat allegedly in collusion and connivance with private respondent Nos.7 to 30, is not taking any action for their eviction despite the fact that they have been found in unauthorised possession of Gram Panchayat land during demarcation proceedings carried out under the orders of this Court, ld. counsel for the Gram Panchayat states that necessary action has already been taken against some of the encroachers including the petitioner. It is averred that in some cases, eviction orders have also been passed against which the appeals are now pending.

Meenu 2017.12.19 10:32 I attest to the accuracy and authenticity of this document chandigarh [2] Be that as it may, the BDPO, Sunam and Sarpanch of the Gram

CWP-24942-2016 -2Panchayat, Shahpur Kalan are directed to file eviction petitions against the left out encroachers within a period of one month from the date of receipt of certified copy of this order, failing which disciplinary action shall be taken against the Sarpanch. In all those cases where eviction proceedings have already been filed, we direct the Collector to expeditiously decide such cases within a period of six months. We further direct that wherever the eviction order has been passed and the appeals are pending, the Appellate Authority shall decide those appeals in accordance with principle of natural justice within a period of four months from the date of receipt of a certified copy of this order.

[3] Disposed of.

( SURYA KANT ) JUDGE December 06, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.12.19 10:32 I attest to the accuracy and authenticity of this document chandigarh