CR No. 7321 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7321 of 2011 (O&M) Date of Decision: 29.11.2011 Shamsher Singh & Ors. ...Petitioners Vs. Gram Panchayat, Tandia Panna & Anr. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.S.R.Hooda, Advocate, for the petitioners. --- A.N.Jindal, J. This petition has arisen out of order dated 17.10.2011 (Annexure P.6) passed by the Additional Civil Judge (Senior Division), Gohana, dismissing the objections, particularly regarding jurisdiction of the civil court, filed by the petitioners/defendants (herein referred as the petitioners) . Question with regard to the jurisdiction of the civil court has already been discussed by the Civil Judge as well as the first appellate court and it was held that the civil court has the jurisdiction to decide about the encroachment made by the Judgment Debtors. Now it does not lie in the mouth of the petitioners to say that the civil court has no jurisdiction to try the suit. The disputed CR No. 7321 of 2011 2 land is common land and is being used for common purposes by the inhabitants of the village. The petitioners/objectors have got no right, title or interest in the suit land but by way of filing the objections they want to continue with the encroachment which cannot be permitted. Hon'ble Supreme Court in the case of Jagpal Singh & ors. Vs. State of Punjab & Ors. 2011 (2) SCALE 42, has observed as under:- “13. We find no merit in this appeal. The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram panchayat. We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is gram Sabha land which must be kept for the common use of villagers of the village. The letter dated 26.9.2007 of the government of Punjab permitting regularization of possession of these unauthorized occupants is not valid. We are of the opinion that such letters CR No. 7321 of 2011 3 are wholly illegal and without jurisdiction. In our opinion such illegalities cannot be regularized. We cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many hears.” No grounds to interfere. Dismissed in limine. (A.N.Jindal) 29.11.2011 Judge rp