CWP No.5099 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5099 of 2011 (O&M) Date of Decision: 21.03.2011 **** Harbans Lal & Anr. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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. Vipin Mahajan, Advocate for the petitioners **** SURYA KANT J. (ORAL) (1). Notice of motion. Ms. Monica Chhibber Sharma, learned DAG Punjab accepts notice on behalf of respondents No.1 to 5. Having regard to the nature of order which I propose to pass there is no necessity to call upon the respondents to file their reply(ies)/affidavit(s) at this stage. (2). The petitioners claim to have been granted lease-hold rights by the Gram Panchayat, Village Dholewal in respect of the land measuring 40 acres situated within the revenue estate of Village Dholewal, Tehsil Pathankot, District Gurdaspur statedly occupied by the private respondents even though eviction proceedings are said to CWP No.5099 of 2011.doc - 2 – have been successfully held against some of the occupiers. The petitioner’s accordingly seek a direction for providing adequate police security to them to harvest the crop. (3). Having heard learned counsel for the petitioners, I am of the considered view that the writ petition raises more than one disputed questions of fact and as such the desired directions cannot be issued in exercise of writ jurisdiction as there appears to be no final order by a Court of competent jurisdiction deciding as to whether or not the land in question is a shamlat deh or a joint holding of the village proprietors. (4). The writ petition is accordingly disposed of with liberty to the petitioners or the concerned Gram Panchayat to initiate appropriate proceedings against the alleged occupiers and get the controversy settled as per law. (5). Meanwhile, the Senior Superintendent of Police, Gurdaspur shall ensure that no untoward incident takes place. (6). Ordered accordingly. Dasti. (7). Let a dasti copy of this order be handed over to Ms. Monica Chhibber Sharma, learned DAG Punjab for information and necessary action. 21.03.2011 vishal shonkar (S u r y a K a n t) Judge CWP No.5099 of 2011.doc - 3 –