IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.2656 of 2011 DATE OF DECISION : MARCH 29, 2011 DHARAM SINGH ....... PETITIONER(S) VERSUS THE STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Naveen Kaushik, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. Mr. VS Bhardwaj, Advocate, for respondent No.6. AJAI LAMBA, J. (Oral) 1 This Civil Writ Petition has been filed praying for issuance of a writ in the nature of mandamus directing the official respondents to take possession of land comprised in Khasra No. 76, measuring 3 marlas, situated in Village Kheri Raiwali, District Kaithal, from respondents No.7 to 10, in view of order dated 22.9.1987 (Annexure P-1). 2 Vide order (Annexure P-1), application filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'), has been allowed. The respondents in the application have been held to be in unauthorised possession of land, which belongs to the Gram Panchayat. It was directed that the said persons be dispossessed from the land in dispute with immediate effect. No action was Civil Writ Petition No.2656 of 2011 2 taken on the orders passed by the prescribed authority under the Act and, therefore, the present petition came to be filed. 3 This Court, vide order dated 14.2.2011, asked the Collector to file an affidavit as to under what circumstances the order passed by the statutory authority has not been complied with. The order was not complied with and, therefore, another order dated 16.3.2011 had to be passed, seeking a report from the Collector, Kaithal. 4 Two affidavits dated 23.3.2011 and 28.3.2011, both sworn by Ms.Amneet P. Kumar, I.A.S, Deputy Commissioner, Kaithal, have been filed in Court today, which are taken on record. 5 In affidavit dated 23.3.2011, it has been said that the order (Annexure P-1) was passed in the year 1987. Ms. Amneet P. Kumar (deponent) took over as Deputy Commissioner, Kaithal, on 24.12.2008. The order (Annexure P-1), passed by the prescribed authority, was not brought to the notice of the Deputy Commissioner, hence the delay. 6 Vide affidavit dated 28.3.2011, it has been conveyed that the order has been implemented and illegal encroachment/possession over the Gram Panchayat land has been removed. 7 Under the circumstances, the cause of action does not survive. 8 The petition is, accordingly, disposed of. 9 This Court, however, is constrained on observing that the orders passed by the prescribed authority are being ignored Civil Writ Petition No.2656 of 2011 3 only because the same are not brought to the notice of the Deputy Commissioner. In fact, the order passed by an authority can be complied with at the instance of the authority itself on initiation of proceedings by that authority. By virtue of inaction on the part of the authorities in District Kaithal, unauthorised possession on land continued from 1987 till 2011. In case, the petition had not been filed, the possession would have continued. It certainly indicates that the statutory functions are not being performed in the manner they should be performed. Supervisory control of the authorities does not appear to be effective and appropriate, which has resulted in misuse of Gram Panchayat land meant for common purposes. This is not the only case of this nature from District Kaithal. 10 Deputy Commissioner, Kaithal, is directed to take cognizance of all the orders, which have been passed by the authorities under the Act and, in case, any order within that district is found to have not been complied with, necessary action, as required by law, be taken. 11 Copy of the order be sent to Chief Secretary, Haryana. 12 Copy of the order be given dasti to Shri Saini under the signatures of the Court Special Secretary. March 29, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?