IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.18127 of 2009 Date of Decision : March 14, 2011. Chanchal Singh and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.J.S.Thind, Advocate, for the petitioners. Ms.Monica Chhibber Sharma, DAG, Punjab. Mr.G.S.SAndhawalia, Advocate, for respondent No.2. -.- 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? --- Surya Kant, J. (Oral) The petitioners seek a prohibitory direction against the Municipal Council, Jandiala Guru, District Amritsar to stop the construction of a road on the land allegedly owned by the petitioners. The petitioners' case is that their private land cannot be utilized for the construction of road unless it is acquired in accordance with law. It is also alleged that the impugned action has been taken at the instance of respondent No.4 who is Chairman of the Block Samiti and is stated to be inimical towards the petitioners. The Municipal Council, Jandiala Guru has filed its reply- affidavit with a categoric stand that “the road which is being constructed C.W.P.No .18127 of 2009 2 is on the land which belongs to the Gram Panchayat and the usage of the public.....”. The Municipal Council in support of the above plea has relied upon the revenue record, i.e., jamabandi for the year 2006-2007 depicting the disputed khasra numbers as Gair Mumkin rasta owned by the Gram Panchayat. It is also averred that the road has already been laid. Having heard learned counsel for the parties, I am of the considered view that the contention raised on behalf of the petitioners is a disputed question of fact which cannot be effectively resolved by this Court in exercise of its writ jurisdiction. Suffice it to mention here that the material on record would prima-facie suggest that the land in dispute is owned by the Gram Panchayat. In these circumstances, the writ petition is dismissed with liberty to the petitioners to approach an appropriate forum, if so advised. Ordered accordingly. Dasti. March 14, 2011 (SURYA KANT) Mohinder JUDGE