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High Court of Punjab and HaryanaCWP/29481/2023disposed of

Boota Singh v. State Of Punjab And ORS

2024-01-16Mr. Justice Sureshwar Thakur,Mr. Justice Harsh Bunger2 pages

CWP No. 29481 of 2023 -12024:PHHC:005557-DB In the High Court of Punjab and Haryana at Chandigarh (109) CWP No. 29481 of 2023 Date of Decision: 16.1.2024 Boota Singh ......Petitioner

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. N.S.Dandiwal, Advocate for the petitioner.

Mr. Maninder Singh, DAG, Punjab.

**** SURESHWAR THAKUR , J. (ORAL) 1.

The learned State counsel, does not oppose, the making of a mandamus, upon the BDPO concerned, to forthwith institute a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961), before the Collector concerned, for thereby ensuring the eviction of the encroachers from the disputed land concerned. 2.

In view of the above, the instant petition is disposed of, but with a mandamus, upon the BDPO concerned, to forthwith institute a petition under Section 7 of the Act of 1961, before the Collector concerned. However, before the said petition is instituted, the BDPO concerned, shall ensure that a valid demarcation of the relevant site is conducted by an empowered revenue officer concerned, and, in case, in the said demarcation, it is revealed, that some encroachments are being made on the disputed lands, thereupon, he shall institute the said petition before the Collector concerned. On receiving the said petition, the Collector concerned, shall GURPREET SINGH 2024.01.16 18:28 I attest to the accuracy and authenticity of this order/judgement Chandigarh

CWP No. 29481 of 2023 -22024:PHHC:005557-DB make a valid speaking decision thereons, but after hearing all the affected persons concerned, besides within a period of two months from its preferment.

3.

The pending application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (HARSH BUNGER) JUDGE January 16, 2024 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2024.01.16 18:28 I attest to the accuracy and authenticity of this order/judgement Chandigarh