CIVIL WRIT PETITION NO. 14288 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : September 14, 2009. Parties Name Brij Mohan ...PETITIONER VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Satinder Khanna, Advocate, for the petitioner. JASBIR SINGH, J. ORDER: This writ petition has been filed with a prayer to quash notice dated August 7, 2008 ,( P-1) directing the petitioner to clear unauthorised occupation over the public property. Record reveals that the process of removal of encroachment on the public property, on Western side of G.T.Road, within Municipal limits of respondent No. 3, was started at the instance of the petitioner. He came to this Court by filing a Civil Writ Petition No. 15196 of 2003, which was disposed of vide order dated July 7, 2006 (P-3), directing that encroachments on the public property shall be removed and unauthorised occupation shall not be regularised under any circumstances. CIVIL WRIT PETITION NO. 14288 OF 2009 -2- The matter again came to this Court in Civil Writ Petition No. 17805 of 2006, filed by the shopkeepers association, whose members were going to be affected vide the order passed by this Court on July 7, 2006. In that writ petition, it was case of the petitioner therein that its members were being ousted from the property in dispute on the basis of demarcation done in their absence. It was prayed that the demarcation be got done through a senior revenue officer, in the presence of Members the petitioner in that case, if found in unauthorised occupation, the members shall then vacate the land under their possession forthwith. Taking note of above said averment, it was ordered that the property be demarcated afresh, by an officer not below the rank of a Tehsildar and that the demarcation be done in the presence of the President of the Shopkeepers' Association and if any member of the Association is found in unauthorised occupation of the public land, that member shall vacate the same forthwith. Thereafter, to determine unauthorised occupation on the public land, demarcation was done on both sides of the road, in which the petitioner was also found in unauthorised occupation of public land measuring 37 ft. x 27 ft. By noticing that, letter dated August 7, 2008, was served upon the petitioner asking him to vacate the public property. Counsel for the petitioner has vehemently contended that the demarcation was not proper and he has filed objections against the demarcation report. However, perusal of this writ petition indicates that no such averment has been made. Copy of the objections has not been put on record. Counsel for the petitioner has further stated that to the notice dated August 7, 2008,(P-1), the petitioner had filed replies. However, copy of the same has not been put on record. Petitioner has failed to show that during CIVIL WRIT PETITION NO. 14288 OF 2009 -3- period of one year, he has initiated any process to lay challenge to the demarcation report, on the basis of which his ejectment is sought. Counsel for the petitioner has also contended that on a representation made, fresh demarcation was done, wherein petitioner was not found in unauthorised occupation of the public land. However, copy of that report also has not been put on record to support the above said contention. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge September 14, 2009. DKC