High Court of Punjab and HaryanaCWP/9884/2016disposed of

Surjit Kaur v. State Of Punjab Etc

2016-05-19Ms. Justice Navita Singh,Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.9884 of 2016 Date of Decision: May 19, 2016 Surjit Kaur ....Petitioner versus State of Punjab and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE A.B.CHAUDHARI.

--- Present: Mr.Dinesh Kumar, 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 Rampur Sahiewal, Tehsil Nabha, District Patiala. She alleges that the Gram Panchayat or other authorities are taking no action for removal of unauthorized encroachments from the Gram Panchayat land. It is further alleged that respondent No.6 is in unauthorized possession of the Gram Panchayat land against whom eviction petition filed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 was allowed and eviction order has attained finality. It is also alleged that the authorities have failed to restore possession in favour of the Gram Panchayat. In fact, the District Magistrate, Patiala vide letter dated 12.10.2015 (P-2) asked the Senior Superintendent of Police, Patiala, to deploy police force including MOHINDER KUMAR 2016.05.31 11:50 I attest to the accuracy and integrity of this document Chandigarh

CWP No.9884 of 2016 [2] lady police so that possession could be taken. However, nothing has been done so far.

Having heard learned counsel for the petitioner but without expressing any views on merits of the allegations moreso when we have not heard respondent No.6 at this stage, the instant writ petition is disposed of with a direction to the Deputy Commissioner, Patiala, to ascertain the correct facts and if the allegations made by the petitioners are found correct that the eviction order has attained finality, let further action strictly in accordance with law and principles of natural justice, be taken within a period of three months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE May 19, 2016 [A.B.CHAUDHARI] mohinder JUDGE MOHINDER KUMAR 2016.05.31 11:50 I attest to the accuracy and integrity of this document Chandigarh