In the High Court of Punjab and Haryana at Chandigarh ...... C.W.P. No.15793 of 2009 ..... Date of decision:14.10.2009 Avtar Singh and another .....Petitioners v. State of Punjab and others .....Respondents .... Present: Mr. Manoj Kaushik, Advocate for the petitioners. ..... S.S. Saron, J. This petition under Articles 226/227 of the Constitution of India has been filed for directing the respondents to remove the illegal encroachment from the common passage bearing Khasra No.2003 measuring 26 Kanals 7 Marlas at Village Sangera, Tehsil and District Barnala. According to the petitioner, the common passage of the village comprised in Khasra No.2003 measuring 26 Kanals 7 Marlas has been occupied by illegal encroachments by some villagers. The petitioners along with other co-villagers applied before the District Magistrate for removal of the encroachments and for getting the said passsage released from the illegal encroachments. The District Magistrate/Deputy Commissioner vide letter dated 17.4.2006 (Annexure-P.1) wrote to the Senior Superintendent of Police, Barnala for providing Police help during the demarcation of the said common passage. On 2.5.2006, the demarcation of the said common C.W.P. No.15793 of 2009 [2] passage was conducted by the Patwari as per orders of the Assistant Collector Ist Grade. The demarcation of Khasra No.2003 was conducted in the presence of the petitioner as well as number of other villagers. In pursuance of the demarcation proceedings the illegal encroachments of the passage had been removed. It is submitted that some anti-social elements of the village have again made encroachments on the passage. This Court in exercise of its supervisory writ jurisdiction is not to embark upon an inquiry so as to consider whether there has been illegal encroachment on the mere averments of the petitioner. In order to claim a mandamus it is to be shown that the petitioner has a legally enforceable statutory right and a corresponding obligation on the part of the respondents to carry out the same. The proper remedy in the case of encroachments of passage in the village is provided for under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (`Act' – for short). The common passages in the village vest in the Panchayat and are part of `Shamilat Deh' in terms of Clause (4) of Section 2(g) of the Act. Therefore, in case the common passage is being encroached upon, the Gram Panchayat of the village is liable to take action on the same and in case of failure to take action the appropriate remedy is in accordance with the provisions of Punjab Panchayati Raj Act, 1994 and the Act, which are to be resorted to. The question whether there has been encroachment of Khasra No.2003 as alleged by the petitioner would require the leading of evidence to establish the fact. Besides, the persons who have made encroachments have not been impleaded as respondents. Accordingly, no ground for interference in exercise of the C.W.P. No.15793 of 2009 [3] supervisory writ jurisdiction of the High Court under Articles 226/227 of the Constitution of India is made out and the petition is dismissed. The petitioner may, however, in the first instance avail his other remedies in accordance with law. October 14, 2009. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:No