IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 6182 of 2009 Date of Decision: 24.07.2009 Rajesh Kumar and another ..Petitioner versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present : Ms. Bindu Goel, Advocate for the petitioners Ms. Madhu Dayal, Addl. A.G. Punjab for respondents No.1 to 3 Mr. Rupinder Khosla, Advocate for respondents No. 4 Mr. Harmender Goswami, Advocate for respondent No.5. ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It complains about an alleged encroachment by the State authorities over an area measuring 88 Sq. feets (16 Karams) on Khanna-Machiwara scheduled road. In response to a notice issued by this Court, respondent no.4 has filed a short affidavit, inter-alia, stating that the encroachment in question has been removed on 25.05.2009. Ms. Madhu Dayal, Addl. Advocate General, Punjab appearing for respondents No. 1 to 3 also supports that statement and has produced a CWP No. 6182 of 2009 [2] siteplan showing alleged encroachment and its removal. The siteplan is taken on record. Learned counsel for the petitioners argued that the encroachment had not been removed and the allegation made in the affidavit filed by the Executive Officer was factually incorrect. We, however, see no reason why the assertion made in the affidavit filed by a responsible officer of the Municipality and charged with the duty, of removing the encroachments should be disbelieved in the absence of any material to the contrary. The building in question is a government building and is being used as Block Primary Education Office. The encroachment in question is alleged to have taken place during the construction of the said building. If the Municipal Council of the area is satisfied with the removal of the violation, we see no reason to continue with the present proceedings any further. The present petition is disposed of with the above observation. No costs. (T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 24.07.2009 'ravinder'