CWP No. 19827 of 2006 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 19827 of 2006 Date of Decision: 22.10.2008 Sunder Lal ..Petitioner versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Ashok Kaushik, Advocate for the petitioner Mr. Rameshwar Malik, Addl. A.G. Haryana for the respondents T.S.Thakur, C.J. (Oral) Charge-sheet Annexure R-1 is taken on record and C.M. No. 20554 of 2008 is disposed of. The status report filed by Block Development & Panchayat Officer, Ballabgarh, District Faridabad suggests that encroachments made on khasra Nos. 56, 57, 58, 67, 68, 16/19 and 59 in village Nariala, have since been removed by demolishing the structure raised on the same on 24.12.2007 under the supervision of Shri Bhupender Singh, Tehsildar. Learned counsel appearing for the petitioner, however, submits that the demolition and the removal of the encroachments is only partial and that a part of the encroachments continues to subsist, particularly the encroachment made by the Sarpanch of the village Nariala. Mr. Malik, Addl. Advocate General, Haryana disputed this position, according to whom, there is no rejoinder to the affidavit filed by CWP No. 19827 of 2006 [2] the Block Development & Panchayat Officer nor any material to suggest that any part of the encroachment has been allowed to remain on the spot. Be that as it may, the proper course for the petitioner, in our opinion, is to file a representation supported by an affidavit before the Sub Divisional Magistrate, Ballabgarh, District Faridabad, pointing out that any part of the encroachment referred to in the writ petition, remains to be removed. In case, the said representation with an affidavit is filed by the petitioner within four weeks, the Sub Divisional Magistrate, Ballabgarh shall look into the matter and verify the facts on the spot and take appropriate action in accordance with law. By our order dated 10.1.2008, this Court had noticed the casual approach adopted by the respondents in the matter of compliance with the Court orders, under which, they were directed to file a status report and also to deposit the costs of Rs.5000/-. A direction was, therefore, issued to the Commissioner of the area to fix responsibility after identifying the delinquent officials instrumental/responsible for not taking any action in terms of the Court order and also to recover the costs imposed by the Court upon him. Mr. Malik submits that pursuant to the said order, a charge sheet has been served upon the delinquent official. Mr. Malik refers in that regard to a preliminary enquiry report enclosed as Annexure A-1 to the affidavit filed by the Chief Secretary, Government of Haryana and the charge-sheet served upon Shri Narinder Singh Chauhan, Block Development & Panchayat Officer, Ballabgarh. A perusal of the so called charge-sheet at page No.8 of CM No. 20554 of 2008 would, however, show that the same is neither specific nor articulate, although, the same purports to have been drawn up by the Principal Secretary, Government of Haryana, Development CWP No. 19827 of 2006 [3] and Panchayat Department, Chandigarh. Mr. Malik submits that charge sheet shall be suitably amended to make the same more specific, lest the result of the enquiry that may ensue from the charge sheet is not vitiated on account of any technical defect. In the circumstances, therefore, and keeping in view the submissions made at the bar, we consider it unnecessary to keep the present writ petition pending on our Board. The same can, in our opinion, be disposed of with the direction that the encroachment, if any, that remains to be removed, shall be identified and appropriate action taken by the authorities after the petitioner files a representation supported by an affidavit before the Sub Divisional Magistrate, Ballabgarh expeditiously but not later than six months from today. We further direct that enquiry proceedings initiated by the respondents against Shri Narinder Singh Chauhan, Block Development & Panchayat Officer in terms of the charge sheet, which has already been placed on record and which may be modified suitably by the authorities, shall be expedited and appropriate orders on the same passed as far as possible within six months from today. The writ petition is accordingly disposed of with the above directions leaving the parties to bear their own costs. Copy of the order be given dasti to Mr. Rameshwar Malik, Addl. A.G. Haryana under the signatures of Bench Secretary. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) 22.10.2008 JUDGE 'ravinder'