C.O.C.P. No.1262 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.O.C.P. No.1262 of 2005 Date of Decision:26.10.2010 Manmohan Singh .....Petitioner Vs. K.S. Kang and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present:- Mr. B.S. Jaswal, Advocate for the petitioner. Mr. T.S. Gujral, Advocate for respondents No.1 and 2. Mr. G.S. Puri, Additional Advocate General, Punjab. **** Hemant Gupta, J. The petitioner filed a writ petition for directing the respondents to remove encroachments on the public land. Such writ petition was disposed of as infructuous on the statement of learned counsel for the Municipal Corporation that steps have been initiated to remove encroachments. The petitioner invoked the contempt jurisdiction of this Court pointing out that Municipal Corporation has failed to remove encroachments on the public land. In the written statement, the respondents have attached the copies of the eviction orders passed in proceedings under Punjab Public Premises (Eviction and Rent) Recovery Act, 1973 in respect of total land measuring 20 kanals 2 marls out of which 5 kanal 5 marlas stand transferred to Punjab Government. C.O.C.P. No.1262 of 2005 -2- An additional affidavit has been filed on 21.8.2010 pointing out that one Mahant Vijay Kumar Dass has filed a civil suit for injunction claiming possession of land meausring 8 kanal 19 marlas in Khasra No.162/1/1 and 9 kanal 14 marlas in Khasra No.162/1. In the said suit, the First Appellate Court has granted ad-interim injunction against the Corporation. Mr. Gujral has pointed out that the entire property is subject matter of this suit whereas the remaining property measuring 5 kanals 5 marlas stands transferred to the Punjab Government. In view of the ad-interim injunction granted by the Civil Court, it cannot be said that the Corporation has failed to take steps for removal of encroachment from the public land. The present contempt petition is disposed of as infrucutuous with direction to the Municipal Corporation to take steps for the removal of encroachments after the decision of the civil suit and/ or injunction application in accordance with law. October 26, 2010 ( HEMANT GUPTA ) renu JUDGE