Harbhajan Singh and others vs Union of India and others

Ranjit Singh, J.—The petitioners are residents of village Talwandi Bootian, Tehsil Shahkot, District Jalandhar. It is stated that the lands of this village and few other villages are subject to river action. Sometimes ago, the flood had affected these villages when some persons also died. Being a riverian tracts, survey or tri-junction pillars had not been erected in the village. Recently, respondent No. 8 came to the village and entered the fields of the petitioners. In response to query, he informed the petitioners that he has been directed by the High Court to erect survey marks. This is in terms of the order passed in CWP No. 23565 of 2011, which writ petition had only been disposed of to decide the representation and no such directions were given by This Court. The petitioners, therefore, have filed this petition to pray that a writ, order or direction be issued to respondent Nos. 1 to 6, i.e., Survey General of India to carry out survey and to erect survey marks and restrain the Tehsildar from doing so as that is not permissible under the provisions of Punjab Land Revenue Act. If it is not legally permissible for Tehsildar to carry out survey or erect pillars, the petitioners ought to have approached the higher officials, especially so when there is no direction issued in this regard by This Court. No cause is made out to issue directions by way of writ. The Tehsildar or Survey of India has to perform their duties and they cannot be restrained from carrying out a survey of marking the area. The writ petition, in my view, is wholly misconceived and accordingly is dismissed.