C.O.C.P.No.55 of 2010 ` -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P.No.55 of 2010 Date of Order: 02.03.2010 Santokh Singh and another ....Petitioners Versus Shri Madan Mohan Sabharwal and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sudhir Sharma ,Advocate for the petitioners Mr. M.C.Berry, Addl. A.G for respondents No. 1 to 5 and 8 Pandit Vinod K. Sharma, Advocate for respondent No.6 RAJIVE BHALLA, J (Oral). The petitioners allege that despite judgments and decrees dated 10.08.1983, 22.05.1985 and 14.08.1989, passed by the Additional Senior Sub Judge, Mansa, the Additional District Judge, Bathinda and the Sub Judge Ist Class, Mansa, holding that the petitioners are owners in possession of Khasra No.78/1(5-7), the S.D.M.-cum-Collector, Budhlada, has altered the mutation in favour of the Gram Panchayat. It is further submitted that pursuant to this mutation Shri Jagtar Singh Sidhu, B.D.P.O., Budhlada, has made an attempt to dispossess the petitioners on the plea that this land is a public street. Counsel for respondent no.1 submits that when the Civil Court decrees were brought to his notice, respondent no.1 immediately re-called the orders sanctioning the mutation in favour C.O.C.P.No.55 of 2010 ` -2- of the Gram Panchayat. He, however, tenders an unqualified apology for this error. Shri Jagtar Singh Sidhu, B.D.P.O., Budhlada, who is present in Court tenders an unqualified apology and states that in view of the cancellation of the mutation recorded in favour of the Gram Panchayat he shall not take any further action or interfere with the possession of the petitioners in Khasra No.78/1 measuring 5 kanals and 7 marlas. Counsel for the Gram Panchayat, Udat Saidewala, states that under the garb of an injunction obtained with respect to Khasra No.78/1, the petitioners want to encroach upon the public street situated in Khasra No.78/2. It is submitted that the Gram Panchayat shall not interfere in the petitioners' possession in khasra no.78/1(5- 7) but cannot be prevented from exercising its rights over land situated in khasra no.78/2. In view of the statements made by counsel for the parties, the contempt petition has been rendered infructuous and is disposed of accordingly. Rule is discharged. This order shall, however, not preclude the Gram Panchayat from asserting its rights over khasra no.78/2, in accordance with law. March 02, 2010 (RAJIVE BHALLA) nt JUDGE