High CourtsDivision Bench(2012) 08 P&H CK 0311

Mohinder Kaur vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 17 August 2012

HON’BLE JUDGES
Jasbir Singh, Acting C.J. · Rakesh Kumar Jain, J
CASE NUMBER
Civil Writ Petition No. 19472 of 2011

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Judgment

5 paragraphs · 213 words

Jasbir Singh, ACJ

1.

By filing this petition, the petitioner has prayed that proceedings be initiated against respondent Nos.6 to 10 for ejecting them from Gram Panchayat land falling in Khasra Nos.57, 52, 63 and 75 which is meant for Kabristan of village Burar. It is stated that the above respondents, in connivance with members of the Panchayat, are in unauthorised occupation of the public land.

2.

In response to notice issued, reply was filed wherein it is stated that demarcation was got done by Assistant Collector on 9.2.2012 and ejectment applications have been filed against those who have been found in unauthorised occupation of the Panchayat land before the competent Court. In one case, even the ejectment order has also been passed.

3.

Since the authorities have initiated action for retrieving the land from illegal possession of encroachers, this writ petition has become infructuous and is disposed of as such.

4.

However, District Development and Panchayat Officer, Patiala is directed to ensure that the applications are contested by the Gram Panchayat(s) properly by leading evidence as per law. It is expected that Collector, before whom the proceedings are pending, shall make an endeavour to conclude the proceedings within six months from the date of receipt of a certified copy of this order.