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Judgment
Rajive Bhalla, J.—The petitioner prays for issuance of a writ of mandamus directing the Director Rural Development and Panchayats, Punjab, to ensure removal of illegal encroachment from Panchayat land of Village Chak Kalan, Tehsil and District Ludhiana. The Deputy Commissioner, Ludhiana (Respondent No. 3), has filed a status report appending therewith a report prepared by the Block Development and Panchayat Officer, Ludhiana-2. A perusal of the report reveals that the Gram Panchayat of Village Chak Kalan has allotted 72 plots to Scheduled Castes and other economically deprived persons but construction is being carried out over 125 plots. The Deputy Commissioner, Ludhiana, in his reply, has stated that no construction has been carried out since February, 2012 and a letter has been addressed to the Director, Rural Development and Panchayat, to take action against the Sarpanch of the Village.
We have heard counsel for the parties and are sanguine in our belief that the local administration headed by the Deputy Commissioner, Ludhiana, shall ensure that apart from the allotted plots, Gram Panchayat land is not encroached by any person whatsoever.
As regards the petitioner''s plea that the allotment of 72 plots is illegal, the petitioner may resort to his remedy under the Punjab Village Common Lands (Regulation) Act, 1961 or under the Punjab Panchayati Raj Act, 1994.
This order shall not be construed to be an expression of opinion as to the legality/illegality of 72 plots allotted by the Gram Panchayat. Disposed of accordingly.