Civil Writ Petition No.4785 of 2009 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: August 16, 2011 Santokh Singh & another ...Petitioners Versus State of Haryana & others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.R.P.Singh Ahluwalia, Advocate, for the petitioners. Mr.Harish Rathee, Sr.DAG, Haryana, for the State. Mr.R.S.Budhwar, Advocate, for respondent Nos.6 & 14. Mr.R.S.Manhas, Advocate, for respondent Nos.7 to 13. None for respondent No.15. ***** RANJIT SINGH, J. The petitioners seek quashing of the orders dated 13.8.2008 (Annexure P-9) and 10.11.2008 (Annexure P-21). They have also sought mandamus directing respondent Nos.1 to 6 to remove the encroachments done by respondent Nos.7 to 13 over the public passage, i.e., Phirni bearing Khasra No.149 and 139/2 of village Saha, Tehsil and District Ambala. Civil Writ Petition No.4785 of 2009 : 2 : When this petition came up for hearing, the court noticed the contentions of the counsel for the petitioners and passed the following order on 26.3.2009:- “Inter-alia contends that earlier the demarcation was got done by the Panchayat where private respondents were found to have encroached by including the phirni in their baras. A civil suit was also filed against the petitioners, which was dismissed. On 17.4.2003, the petitioners moved an application for demarcation and as per the demarcation report, the gate of the house of the petitioners was found in khasra No.52//12/1. It is also recorded that the persons present at the spot were satisfied. Subsequently, the petitioners have also filed a civil suit on 30.1.2004, which is pending. The civil court has also appointed Local Commissioner for demarcation, who has not yet visited the spot. In this background, the petitioners say that the finding that they have encroached upon the land and an order made under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 decreasing the area from 2 kanals-1 marla to 1 kanal-15 marlas would not be justified. Notice of motion for 29.4.2009. Demolition stayed. The petitioners, however, would place on record the demarcation report done by the Local Commissioner as appointed by the civil court. Civil Writ Petition No.4785 of 2009 : 3 : To be put up before Registrar (Judicial-III) on the adjourned date for completion of preliminaries.” Subsequently, the reply in this case was filed and it transpired that both the parties had made a statement before the civil court to the following effect, which was noticed by this court in its order dated 23.3.2011:- “Copy of joint statement of parties dt.1.3.04 Mohinder Singh Vs. Jagjeet Singh Joint statement of parties Mohinder Singh, Santokh Singh alongwith Seo Ram Advocate, Sh.Jagjit Singh, Malkiat Singh, Gurmeet Singh alongwith counsel Naib Singh, Adv. For defdt. No.1 to 3. Parties are ready to leave 20' wide phirni at the spot. Besides this, the parties will get their respective lands demarcated. The extra land found to be of any party will be included in the Phirni. 22' Phirni will be left at the spot.” The demarcation of the land was got done and thereafter it was observed as under:- “In Khasra No.149 Min East 16 feet West 16 feet South 4 feet North 2-1/2 feet, House and Gate of Santokh Singh s/o Kartar Singh, Kurri of Mohinder Singh s/o Kartar Singh etc. comes in the area of Phirni for straightening the line. Report is submitted separately, with that it be attached.” Both the parties, i.e., the petitioners and the private respondents have given in writing that they shall remove the Civil Writ Petition No.4785 of 2009 : 4 : encroachments so as to allow the street to be functional in a straight line. When the earlier order was passed on 26.3.2009, Civil Court had appointed a Local Commissioner for demarcation, who was yet to visit the spot and carry out the demarcation. The court had observed that the demarcation report ultimately was to find if the petitioners or the private respondents have encroached upon any land. There is still a dispute whether any demarcation was got done subsequently. Counsel for the petitioners maintains that the demarcation was got done and is on record, whereas counsel for the respondent-Panchayat and private respondents would say that this demarcation was earlier done. Be that as it may, both the parties have given an undertaking before the Civil Court. They have to respect that undertaking. The Panchayat will ensure that the encroachments are removed from the place in terms of the undertaking given by respective parties. If any encroachment is found either by the petitioners or the private respondents, the same shall be got removed. The Panchayat can be expected to act fairly and not take sides. The removal of encroachments be done by the B.D.P.O. of the Block concerned, who shall ensure that the encroachments are got removed in terms of the undertaking given by the respective parties before the Civil Court. The writ petition is accordingly disposed of. August 16, 2011 ( RANJIT SINGH ) ramesh JUDGE