Civil Writ Petition No. 10992 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 10992 of 2011 Date of Decision: 7.6.2011 Sukhpal Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashok Kumar Sama, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral)] Issue notice of motion to respondents No.1 to 7 only. On asking of the Court, Mr. Jaspreet Singh, Assistant Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 7. A copy of the petition has been supplied to him. Learned counsel for the petitioner has contended that some people of the village have illegally occupied the sanctioned passage, therefore, to accommodate them, passage is converted into a metalled road from the land of the petitioner. Learned counsel further submits that if the demarcation is held and the persons, who have encroached upon the passage, are removed, there will be no necessity to lay the metalled road from the land of petitioner. Learned counsel further submits that demarcation, at the cost of petitioner, be conducted by the Revenue Authorities and in case it comes to a conclusion that the land Civil Writ Petition No. 10992 of 2011 2 has been encroached upon by the villagers, then respondent No.7-Block Development and Panchayat Officer, Jalalabad, District Ferozepur, be called upon to take the necessary action. Learned counsel for the State, after going through the contents of the petition, submits that the State has no objection if the demarcation is carried out but cost of the same should be borne by the petitioner. He further submits that in case, after demarcation, it is found that somebody has encroached upon the public land, necessary action shall be taken by the respondents, after following due process of law. In view of the submissions made by learned counsel for the parties, it is directed that in case petitioner deposits a sum of ` 10,000 in the office of respondent No.6-Tehsildar, Jalalabad, District Ferozepur, within ten days from today, necessary demarcation shall be carried out and if it is found that the public passage has been encroached upon by the private persons as stated by learned counsel for the State, official respondents shall take action to evict the encroachers in accordance with the provisions of law after affording due opportunity of hearing to all concerned. This will not preclude official respondents to initiate action in accordance with the provisions of law against the Sarpanch for permitting the private persons to encroach upon the public passage. A copy of this order, duly attested by the Special Secretary of this Court, be furnished to Mr. Jaspreet Singh, Assistant Advocate General, Punjab, for onward transmission and compliance. (Kanwaljit Singh Ahluwalia) Judge June 7, 2011 “DK”