CIVIL WRIT PETITION NO.2304 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: FEBRUARY 13, 2009 Gurbaksh Singh and others .....Petitioners VERSUS The Commissioner, Patiala Division, Patiala and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. B.P.S.Virk, Advocate, for the petitioners. **** RANJIT SINGH, J. Both Civil Writ Petition Nos.2304 of 2009 (Gurbaksh Singh and others Vs. The Commissioner, Patiala Division, Patiala and others) and 2395 of 2009 (Kehar Singh Vs. The Commissioner, Patiala Division, Patiala and others) contain an identical challenge and, thus, are being disposed of together. State of Punjab acquired some land to set-up brick-kiln along the banks of Bhakhra Canal for making bricks required for construction of the canal. The land of the petitioners was acquired for the said purpose. After completion of the work of the canal, the brick- kilns were abandoned. The petitioners, who have their land adjoining CIVIL WRIT PETITION NO.2304 OF 2009 :{ 2 }: the said land, claim to have made it even and cultivable by spending huge amount and, thus, are in possession of this land, which in fact belongs to the Government. It is pleaded that a decision was taken to transfer such plots to those owners who have land adjoining the same, in case the land did not have any access to the road. While this process was on, respondent No.3 filed a petition under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 for eviction of the petitioners. This petition was allowed and the appeal filed against the same was also dismissed on 1.8.2006. The petitioners state that State Government has already written to the Ministry of Environment and Forest with a request to allot the land but still, the petitioners have learnt that steps are being taken to dispossess them. They have accordingly filed the present writ petitions to protect their possession. Prayer also is to quash order dated 2.12.2005, through which the petitioners were ordered to be evicted and order dated 1.8.2006, through which their appeal was dismissed. Concededly, the petitioners have no right to possess this land, which belongs to the Government. They are in illegal and unauthorised possession thereof. They have been directed to be evicted long ago on 2.12.2005. Their appeal was dismissed on 1.8.2006 and thereafter, the said orders were never challenged till date, when the present petitions are filed. The petitioners are not having any right, title to retain this possession, especially so after the order of eviction. They have also delayed in challenging the order passed against them. They have no right either in equity or in law. Mere fact that some of the writ petitions have been admitted, would CIVIL WRIT PETITION NO.2304 OF 2009 :{ 3 }: not be enough to admit the present petitions as well. The submission that allotment of the land to the petitioners is under consideration is not indicated from any material on record and would not also change the legal position till the land is allotted to them. The writ petitions are accordingly dismissed. However, this order will not stand in the way of the respondent-Government if otherwise it is considering to allot this land either to the petitioners or any other person. It is in the discretion of the respondent-State to deal with the land in the manner it desires. February 13, 2009 ( RANJIT SINGH ) khurmi JUDGE