High CourtsDivision Bench(2012) 08 P&H CK 0143

Inder Bir Singh Chatwal vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 21 August 2012

HON’BLE JUDGES
Jasbir Singh, Acting C.J. · Rakesh Kumar Jain, J
CASE NUMBER
CWP No. 11052 of 2012

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Judgment

7 paragraphs · 268 words

Jasbir Singh, Acting Chief Justice

1.

Reply filed on behalf of respondents No. 1 and 2, is taken on record. This writ petition has been with a prayer that un-authorised occupation of a passage in Khasra No. 278, which is the ownership of Gram Panchayat village Pawa, be got cleared from respondent No. 3.

2.

In response to notice issued, reply has been filed by respondents No. 1 and 2, para 4 of which reads thus :-

that regarding para No. 4 of the petition, it is submitted that respondent directed the revenue staff to remove the encroachment. As per letter No. 476/ Reader of Naib Tehsildar, Sahnewal, dated 13.8.2012 the wall raised on the Rasta has been demolished and as such the obstruction on the rasta has been removed. The translated copy from Punjabi to English version of letter No. 476/ Reader dated 13.8.2012 is annexed herewith as Annexure R-1.

3.

It is categorically stated that after demarcation, boundary wall existing on the Panchayat land has been demolished. To say so, reference has been made to a report submitted by Naib Tehsildar, Sahnewal dated 13.8.2012 (Annexure R-1) to the Deputy Commissioner, Ludhiana.

4.

At this stage, counsel for the petitioner states that whole of the land and the passage have not been cleared

5.

The ownership of Gram Panchayat on Khasra No. 278 is not in dispute, therefore, the Deputy Commissioner, Ludhiana is directed to ensure that entire land, falling under Khasra No. 278, is cleared from the un-authorised occupation of respondent No. 3 or any body else. With above directions, this writ petition is disposed of.