Jaswant Singh v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.5848 of 2016 Date of Decision: March 30, 2016 Jaswant Singh ....Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

--- Present: Mr.D.D.Bansal, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

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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) Notice of motion to respondent Nos.1 to 3 only at this stage.

On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab accepts notice on their behalf.

Let three copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from respondent Nos.1 to 3 or to serve private-respondent Nos.4 to 7 at this stage as no order on merits prejudicial to their interest is being passed.

MOHINDER KUMAR 2016.04.23 11:41 I attest to the accuracy and integrity of this document Chandigarh

CWP No.5848 of 2016 [2] The petitioner seeks action against former and present Sarpanch of the Gram Panchayat of his village Attapur, Tehsil and District Fatehgarh Sahib, on the plea that they have colluded with respondent Nos.4 & 5 who are said to have encroached upon the shamlat deh/Gram Panchayat land and are not vacating the same despite eviction orders passed against them way back and attained finality in the year 2012. Since the only issue which requires immediate attention of the authorities pertains to implementation of eviction orders said to have attained finality, we dispose of this writ petition with a direction to the Deputy Commissioner, Fatehgarh Sahib to hold a fact-finding enquiry and issue necessary instructions to the Gram Panchayat or other authorities to ensure implementation of the eviction orders, if there is no legal impediment against execution thereof. The needful shall be done within a period of three months from the date of receiving a certified copy of this order. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE March 30, 2016 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2016.04.23 11:41 I attest to the accuracy and integrity of this document Chandigarh