CWP No.1373/2008. 21.08.2008 Present: Mr R.P.Singh, Advocate for the petitioner. Mr.J.K.Verma, Deputy Advocate General, for respondents No.1 to 3. It is an admitted case of the petitioner that he encroached Government land. It is indicated on behalf of the petitioner that the notification with respect to the election of Pradhan was issued on 2.12.2005, just about 1 ½ months before filing of the nomination papers for the post of Pradhan, the petitioner handed over the possession of the encroached Government land to the authority concerned. After the petitioner was elected Pradhan, his election was challenged on the ground that he had encroached the Government land. The allegation and admission of the petitioner found favour by the prescribed authority and accordingly the election of the petitioner was set aside. Aggrieved by the same, the petitioner filed an appeal before the Deputy Commissioner, Mandi who found the order passed by the prescribed authority to be reasoned one and dismissed the appeal of the petitioner. Hence, this petition. The only argument advanced on behalf of the petitioner is that before filing of the nomination papers, the petitioner has vacated the encroached part of the Government land, therefore, the order passed by prescribed authority to this extent be set aside. We are of the considered opinion that the petitioner had encroached the Government land, as admitted by the petitioner. …2… However, we found that there is no such provision that if the incumbent who has encroached the Government land hands over the possession of the land, he would not be called “encroacher” it too just 1 ½ months before the elections. We are of the further opinion that it is the public servant who set up the example to the society. The encroaching of land and handing over the possession cannot set a good example and it is bound to be read against such incumbent who want to be a public office. We do not find any ground to show interference under extraordinary writ jurisdiction. Accordingly the writ petition is dismissed, so also the pending application. Before we part, we would like to appreciate the pains taken by the Sub Divisional Officer (Civil), which can easily be said to be an order passed by a Judicial Officer. ( Jagdish Bhalla ), C.J. August 21, 2008. ( Kuldip Singh ), J. (Hem/soni)