Jai Bhagwan v. State Of Haryana And Others

2023:PHHC:141983-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-25145-2023 Date of Decision : 07.11.2023 Jai Bhagwan ....Petitioner

VERSUS

State of Haryana & Others ....Respondents CORAM : HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Jagjeet Beniwal, Advocate for the petitioner. Mr. Saurabh Mago, DAG Haryana.

SURESHWAR THAKUR, J. (Oral) The instant petition is disposed of with a liberty to the petitioner to move a petition under Section 7 of the Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), before the Collector concerned, seeking therein relief, that the encroachers, upon the panchayat land(s), are lawfully evicted therefrom. However, preceding therewith, the petitioner may choose to file an application seeking a valid demarcation being made of the disputed land(s). On such an application being preferred before the Tehsildar concerned, the latter shall forthwith make an order, upon the empowered revenue officer concerned, to conduct a valid demarcation of the disputed land(s).

Subsequently, if in the said validly conducted demarcation of the disputed land(s), some encroachments are revealed to be made over the land(s) owned, and, possessed by the Gram Panchayat concerned, thus by the encroachers thereons, thereupon, on the relevant motion thus, the Collector concerned, shall draw a lawful speaking Raman Kumar 2023.11.

2023:PHHC:141983-DB CWP-25145-2023 (O&M) -2order thereon, but after hearing all the affected persons concerned, besides within a period of six months of the said application becoming preferred before him.

(SURESHWAR THAKUR) JUDGE November 07, 2023 (SUDEEPTI SHARMA) tripti/raman JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Raman Kumar 2023.11.08 10:39 I attest to the accuracy and integrity of this document