High Court of Punjab and HaryanaCWP/34796/2024disposed of

Rajbir v. State Of Haryana And ORS

2024-12-20Mr. Justice Gurmeet Singh Sandhawalia,Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.34796 of 2024 Date of Decision: 20.12.2024 Rajbir

...Petitioner

Versus

State of Haryana and others

...Respondent

CORAM:

HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Ajay Chaudhary, Advocate for the petitioner.

Mr. Ankur Mittal, Additional A.G., Haryana with Mr. Saurabh Mago, D.A.G., Haryana.

***** G.S. Sandhawalia, J.(Oral) The present petition has been filed directing the official respondents to remove the unauthorized occupation from the Panchayat land from the unauthorized occupants, who are not impleaded as party. 2.

We are of the considered opinion that there is an alternative efficacious remedy in the form of Section 7 of the Haryana Village Common Lands (Regulation) Act, 1961, which provide that an inhabitant of the village can file an application to the competent authorities and there is summary procedure prescribed for the removal as such. 3.

In the absence of the private respondents, being the alleged encroachers, having not been made party also, it would not be appropriate as such to issue any direction in their absence. The factum of the evidence and NEETU RANI 2024.12.21 12:34 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD

CWP No.34796 of 2024 -2whether to what extent they are in unauthorized occupation, is again a matter of fact which has to be put before the concerned authorities and then only an order has to be passed. The writ Court is, thus, handicapped to that extent and in view of the alternative efficacious remedy available, we do not feel that any further action is required in the present case. Liberty is accordingly granted to the petitioner, to take recourse to his remedies. 4.

The present writ petition is disposed of.

(G.S. SANDHAWALIA) JUDGE 20.12.2024 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No NEETU RANI 2024.12.21 12:34 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD