C.W.P. No. 4817 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 4817 of 2011 (O&M) Date of Decision:- 14.10.2011 Harminder Singh .....Petitioner Versus State of Punjab and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. NPS Mann, Advocate for the petitioner. Mr. Manohar Lall, Addl. AG Punjab. Mr.Arun Jain, Sr. Advocate with Mr. Gurinderjit Singh, Advocate for respondent No. 6. Mr. Dilpreet Singh, Advocate for respondent No. 7. **** SATISH KUMAR MITTAL, J(Oral). C.M. No. 14155 of 2011 C.M. is allowed. Written statement is taken on record. C.W.P. No. 4817 of 2011 The petitioner who is resident of village Lang, Tehsil and District Patiala, has filed the instant writ petition under Article 226 of the Constitution of India for issuing direction to the official respondents No. 1 to 4 to get removed the illegal possession from the land of the Gram Panchayat from Khasra Nos. 207 and 216. It is the case of the petitioner that certain residents of the C.W.P. No. 4817 of 2011 (O&M) 2 village have encroached upon the common purpose land of the Gram Panchayat. When the said encroachment was not removed by the Gram Panchayat, who was in connivance with the illegal encroachers, the petitioner filed an application under Section 133 Cr.P.C., before the Sub Divisional Magistrate, Patiala, who vide order dated 18.8.2010 disposed of the said application, while making the following observations:- “ Respondents are heard and the spot with regard to the land in dispute was inspected. Many persons have done illegal possessions by way of installing ruries, guhara and by raising some construction over the passage in dispute. So the Block Development & Panchayat Officer Patiala is hereby directed that he shall get the Nishandehi of the land of the Panchayat conducted in which sharayam passage is existing and shall get the illegal possessions removed from those persons who have illegally occupied the same, within 15 days. Order is pronounced. File is consigned to the record room of the Revenue Department at Patiala. “ It is further the case of the petitioner that inspite of the said order till date the encroachment has not been removed. It is an admitted position that against the aforesaid order passed by SDM, respondent No. 6 has filed Criminal Revision before the Sessions Judge, Patiala, which is still pending, but the operation of the order of SDM has not been stayed. It is further the case of the petitioner that inspite of no stay of the order of SDM, till date the encroachment has not been removed. It is the case of the respondents that the BDPO along with Halqa Patwari and other officials have visited the spot and submitted the report, copy of which has been placed on record as Annexure R1 by the State counsel. C.W.P. No. 4817 of 2011 (O&M) 3 According to the said report the illegal possession from Khasra No. 207/2 has already been removed and the vacant possession has been restored to the Gram Panchayat. Regarding the another Khasra No. 216, it has been stated that necessary steps for getting the illegal encroachment/construction removed will be taken after obtaining necessary permission from the competent authority. In view of this factual position, learned counsel for the petitioner does not want to press this petition further. Dismissed as withdrawn. ( SATISH KUMAR MITTAL) JUDGE 14.10.2011 ( PARAMJEET SINGH ) reema JUDGE