High CourtsSingle Bench(2018) 03 P&H CK 0122

Parmal Singh vs State Of Haryana And Ors.

Punjab And Haryana At Chandigarh · Decided on 12 March 2018

HON’BLE JUDGES
Daya Chaudhary, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. No.3838 Of 2017

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

26 paragraphs · 476 words

Daya Chaudhary, J.

The grievance of the petitioner in the present petition is that respondents/revenue authorities have failed to provide information sought under the Right

to Information Act, 2005 (hereinafter referred to as 'the RTI Act').

Petitioner filed an application under the RTI Act to provide information regarding encroachment in the village and also as to what action has been

taken to remove the same. When no information was supplied, the petitioner filed the appeal. Thereafter, second appeal was also filed before the

State Information Commission, Haryana. The respondent-authorities were directed to provide detailed information and also to conduct demarcation

vide order dated 11.12.2014. Again directions were issued on 16.12.2015 by the State Information Commission, Haryana for giving information

regarding demarcation of the encroachment and action taken thereupon.

Learned counsel for the petitioner submits that in spite of passing orders on various occasions, still Deputy Commissioner, Kaithal did not supply the

information. Not only the representations were made but reminders were also sent but still information has not been supplied.

On the basis of reply filed on behalf of respondents No.2 to 4, learned counsel for respondents-State submits that unauthorized encroachments from

the land in dispute has been removed and thereafter, list of unauthorized occupants was provided to the petitioner. Petitioner was not satisfied with the

information and first appeal was filed which was dismissed. Thereafter, the second appeal was filed before the State Information Commission, which

was also disposed of vide order dated 11.12.2014, a perusal of which shows that the petitioner was not willing to obtain information but he was willing

to get demarcation of the village common land conducted, which was occupied unauthorizedly by the residents of the village. At the end, learned

counsel submits that the demarcation of land under unauthorized occupation has been conducted and proceedings against unauthorized occupants of

the village common land under Section 7(2) of the Punjab Village Common Land Act, as applicable in the State of Haryana, have been instituted

against 75 persons.

Heard arguments of learned counsel for the parties and have also perused the documents on the file.

The only prayer in the present petition is for direction to implement the orders/directions issued by the State Information Commission to provide

information regarding encroachments in the village Ramana Ramani, Distt. Kaithal, Haryana.

On perusal of reply filed by respondents-State, it is apparent that as per direction issued by the State Information Commission, demarcation of the land

of unauthorized occupants has been conducted and proceedings against those occupants have been initiated as per provisions of Section 7(2) of the

Punjab Village Common Land Act before Assistant Collector First Grade, Kaithal.

Accordingly, as necessary action has been taken in view of direction issued by learned State Information Commission, it cannot be said that no action

has been taken and as such the present petition is dismissed as infructuous.