C.W.P. No.10767 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.10767 of 2009 Date of Decision : July 6, 2011 Amar Singh ...... Petitioner Versus Commissioner, Ambala Division and others ...... Respondents **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. P.S. Sikand, Advocate, for the petitioner. Mr. Deepak Girotra, AAG, Haryana. Mr. Satish Chaudhary, Advocate, for respondent No.4. Mr. S.S. Dinarpur, Advocate, for respondents No.5 and 6. **** Alok Singh, J (Oral) Present petition is filed challenging the order dated 19.12.2007 passed by the District Collector, Ambala, order dated 22.8.2008, passed by the Commissioner, Ambala Division, Ambala and order dated 30.3.2006, passed by Assistant Collector, 1st-Grade, Ambala. Learned counsel for the petitioner states that findings recorded by all the courts below that respondents No.5 and 6 are not in possession of the Gram Panchayat land is perverse and incorrect, although, respondents No.5 and 6 are in actual and unthorized possession of the Gram Panchayat land, therefore, matter may be remanded to respondent No.3 to permit the petitioner to lead evidence on the question that respondents No.5 and 6 are still in unauthorized possession of the Gram Panchayat land. C.W.P. No.10767 of 2009 2 Mr. S.S. Dinarpur, appearing for respondents No.5 and 6 has fairly stated that let matter be remanded to respondent No.3 to decide the case de novo after giving the opportunities to lead evidence and hearing to all the parties. He has further stated that although respondents No.5 and 6 are not in unauthorized possession of the land, however, petitioner himself is encroacher over the Gram Panchayat land. Mr. Satish Chaudhary, appearing for Gram Panchayat has stated that petitioner as well as respondents No.5 and 6 are encroachers over the Gram Panchayat land and Gram Panchayat shall also initiate proceedings against the petitioner. Mr. Deepak Girotra, Assistant Advocate General, Haryana states that as per report petitioner as well as respondents No.5 and 6 both are in illegal possession of the Gram Panchayat land and both are liable to be evicted. Learned counsel appearing for the parties have requested this Court that let matter be remanded to respondent No.3 to decide the case de novo in accordance with law. Present petition is allowed. Impugned orders are quashed. Respondent No.3 is directed to decide the case de novo after giving sufficient opportunities to lead evidence and hearing to all the parties. Gram Panchayat, Garauli, shall be at liberty to initiate appropriate eviction proceedings against the petitioner as well. Parties shall appear before the Assistant Collector-respondent No.3 on 25.7.2011. (Alok Singh) Judge July 6, 2011 Anand