IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-42291 of 2007 Date of decision: 10th March, 2009 Gurdeep Singh … Petitioner Versus Amar Kumar … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. L.M. Gulati, Advocate for the petitioner. Mr. Deepak Nayar, Advocate for the respondent. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Jagmohan Ghumman, Advocate for SDM Amritsar-II. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Amar Kumar filed an application under Section 133(1) Cr.P.C. with a prayer that gram panchayat had paved the way with brick and petitioner had removed the bricks from the said path and took away the bricks to his house. It was further stated that petitioner Gurdeep Singh had amalgamated the path to his own path in spite of resistance of the applicant. SDM, Amritsar-II called upon the report of the Tehsildar, from which it was established that petitioner had illegally removed the bricks from the public path and had taken away the same to his house. Tehsildar also reported that public path has been included by the petitioner into his own property and this amounts to encroachment. SDM, Amritsar-II had passed the order on 17th January, 2005. Directions were issued to the petitioner to remove the encroachment. Criminal Misc. No. M-42291 of 2007 Aggrieved against the same, petitioner has filed a revision before the Court of Additional Sessions Judge, Amritsar. The revision petition was dismissed, as the same was barred by time by Additional Sessions Judge, Amritsar on 8th June, 2007. Notice of motion was issued by this Court. Status report has been filed by Paramjit Singh, SDM Amritsar-II. He has stated that as per rapat-roznamcha No.557 dated 22nd August, 2005, with the police help, encroachment has been removed and the path is available to the public for usage. Counsel for the petitioner has submitted that in fact the alleged land, which is stated to be path is his property and the same was purchased by him. Petitioner may approach the Civil Court for determination of his rights. Accordingly, present petition stands disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 10, 2009 rps 2