LPA No. 696 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No. 696 of 2009 Date of Decision: 05.08.2009 Bajrang Lal ....Appellant. Versus State of Punjab and others ....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice S.D. Anand Present: Mr. H.S. Rakhra, Advocate for the appellant. ... J.S. Khehar, J. The State government desired to clear encroachments on the government land reserved for the construction of Mini Secretariat in the revenue estate of village Bhagta Bhai Ka. Accordingly, the Executive Officer of the Panchayat Samiti, Bhagta Bhai Ka, addressed two memoranda dated 29.6.2009 and 2.7.2009, requiring the appellant herein to remove his illegal “khokhas”. The aforesaid communications addressed to the appellant, were assailed by him in this Court by filing Civil Writ Petition No.10894 of 2009. While disposing of the aforesaid writ petition and in declining to exercise jurisdiction vested in this Court under Article 226 of the Constitution of India, this Court, inter-alia, took into consideration, firstly, the fact that the petitioner failed to show any right vested in him to occupy the land in question. Secondly, this Court arrived at the conclusion, LPA No. 696 of 2009 2 that the petitioner (the appellant herein) was an encroacher and was not entitled to the discretionary relief permissible under Article 226 of the Constitution of India. Thirdly, this Court took into consideration the fact, that a civil suit filed by the petitioner (the appellant herein) and others similarly situated as the petitioner, was pending before the Civil Courts. During the course of hearing, learned counsel for the appellant did not find fault with any of the factual narration on the basis whereof Civil Writ Petition No.10894 of 2009 was disposed of. Thus viewed, it is natural to infer, that the appellant has no right to occupy the vacant government property where he has raised temporary sheds/”khokhas” and therefore, the finding recorded by the learned Single Judge to the effect, that the appellant is an encroacher, also stands substantiated. Additionally, since the appellant had already initiated proceedings on the subject matter before a Civil Court, it was open to the appellant to assail the memoranda dated 29.6.2009 and 2.7.2009, also before the Civil Courts. In view of the factual/legal position noticed hereinabove, we are satisfied that the instant Letters Patent Appeal is totally frivolous, where the appellant has neither assailed any factual position recorded in the order passed by the learned Single Judge nor controverted any legal conclusion drawn. The same, therefore, deserves to be dismissed with exemplary costs. The instant appeal is, accordingly, dismissed with costs quantified at Rs.10,000/-. The aforesaid costs shall be deposited by the appellant with the Legal Services Authority, Punjab, within one month from today and a receipt thereof shall be placed on the record of the instant case. In case, no such receipt is placed on the record of the instant appeal within the time stipulated hereinabove, the Registry is directed to re-list this case for motion LPA No. 696 of 2009 3 hearing for recovery of costs. Disposed of in the aforesaid terms. ( J.S. Khehar ) Judge ( S.D. Anand ) Judge 05.08.2009 sk.