Gram Panchayat, Jagatpur v. State Of Punjab And Others

CWP-29865-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-29865-2017 Date of Decision: December 22, 2017 Gram Panchayat of village Jagatpur .....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.B.S.Bali, Advocate for the petitioner.

........

SURYA KANT, J.

Notice of motion.

[2] On our asking, Mr.Rajesh Bhardwaj, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of respondent Nos.1 to 5. Let five sets of paper-book be handed over to him during the course of day. [3] In view of the nature of the order, which we propose to pass, there is no need to seek any reply-affidavit from the official respondents or to serve private respondents at this stage as no order prejudicial to their interest is being passed.

[4] The petitioner is Gram Panchayat of village Jagatpur, PS Mukandpur, Tehsil Banga, District SBS Nagar. Its grievance is against the official respondents, who are alleged to have failed to remove unauthorised Meenu 2018.01.09 12:55 I attest to the accuracy and authenticity of this document chandigarh encroachments made by private respondent Nos.6 to 9 on the Gram

CWP-29865-2017 -2Panchayat land comprising a village pond. It is alleged that the eviction orders passed against the private respondents have been up-held upto the High Court but the local police is not providing police assistance despite repeated requests made by the BDPO, SBS Nagar and no one comes forward from the Office of SDO (Civil) also due to which the unauthorised possession has not yet been removed.

[5] After hearing learned counsel for the parties and having regard to the nature of allegations but without expressing any views on the merits of such allegations, the writ petition is disposed of with a direction to the Deputy Commissioner and Senior Superintendent of Police, SBS Nagar to ascertain the correct facts and provide legal assistance to the Gram Panchayat for giving effect to the eviction orders which are said to have attained finality provided that there is no other legal impediment against execution of those eviction orders.

[6] The needful be done within a period of one month from the date of receipt of a certified copy of this order. ( SURYA KANT ) JUDGE December 22, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2018.01.09 12:55 I attest to the accuracy and authenticity of this document chandigarh