IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14656 of 2007 DATE OF DECISION : 29.09.2008 Vijay Vir Singh ... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.D. Yadav, Advocate, for the petitioner. Mr. Sudhir Makkar, Senior DAG, Haryana, for respondents No.1 and 2. Mr. Rupam K. Aggarwal, Advocate, for respondent No.3. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is resident of Village Bhudpur, Tehsil and District Rewari, has filed this petition under Articles 226/227 of the Constitution of India for issuing direction to the respondents to take legal action against respondent No.3, Sarpanch of Gram Panchayat, Village Bhudpur, Tehsil and District Rewari, under Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'), on the ground that her husband is in illegal possession of the passage, which vests in the Gram Panchayat. CWP No. 14656 of 2007 -2- With this petition, except the demarcation report (Annexure P2), given by SDO (C), Rewari, no other document has been annexed, from which it is established that husband of respondent No.3 is in illegal possession of the Panchayat land. Till date, no ejectment application under section 7 of the Punjab village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act') has been filed and no finding to the effect that husband of respondent No.3 is in illegal possession of the Panchayat land has been recorded. The petitioner could have file the application under the said provision, as he has locus standi to file the same. But instead of filing the said application and getting a finding in this regard, he has straight way approached this Court by filing the instant petition. In these circumstances, we are not inclined to entertain this petition under Article 226 of the Constitution of India. However, it will be open for the petitioner to file an ejectment application against respondent No.3 under section 7 of the Act for removal of her illegal possession from the said land and in case, such an application is filed, the Assistant Collector Ist Grade is directed to decide the same, expeditiously. If any finding is recorded against respondent No.3, it will be further open for the petitioner to move the authorities for taking action against her under section 51 of the Act. Petition is accordingly disposed of in the aforesaid terms. ( SATISH KUMAR MITTAL ) JUDGE September 29, 2008 ( JASWANT SINGH ) ndj JUDGE