Banta Ram and another vs State of Haryana and others

Ranjan Gogoi, C.J.—This writ petition has been filed as Public Interest Litigation seeking appropriate orders from the Court in respect of the alleged encroachments by the respondents No. 7 to 11 and other villagers on a public property which is in the form of a public pond. According to the petitioners, the land in dispute vests in Gram Panchayat and is reserved for the pond but the same has been encroached by the respondents No. 7 to 11 and other villagers.

The respondents Nos. 1, 2 and 5 have filed their affidavits wherein it has been stated that demarcation of the pond was done on 30.11.2011 and on such demarcation and measurement no encroachment by any private individual has been found. The report of such demarcation is annexed as Annexure R-1 to the reply filed by respondents No. 1 and 2. Furthermore, according to the respondents, the demarcation was done in the presence of petitioner No. 2 who, however, had refused to sign the demarcation report.

Learned counsel for the petitioners has prayed for sometime to file replication to the replies filed by the respondents in order to controvert the stand taken by the respondents that there is no encroachment.

The allegations of encroachment made by the petitioners and the denial thereof by the respondents on the basis of the demarcation give rise to highly disputed questions of fact which ought not be attempted to be resolved in a proceeding under Article 226 of the Constitution of India. In such a situation we do not consider it feasible or necessary to keep this Public Interest Litigation pending any longer. We accordingly close the same with liberty to the petitioners to avail such other remedies as may be available to them in law.

The writ petition stands closed in terms of the above orders.