CWP No.609 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.609 of 2009 Date of decision : March 27, 2009 Court on its own motion ....Petitioner VERSUS The State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE T.S. THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: Ms. Madhu Dayal, Addl. AG, Punjab, for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. A complaint made by Jasbir Singh, President, Youth Welfare Club Baghapurana was ordered to be entertained as a writ petition in a public interest. The complaint is to the effect that an old pond situated in the market centre of Baghapurana City in which the dirty water of the village used to be accumulated has now been earth CWP No.609 of 2009 -2- filled and the officials of the Revenue Department are planning to sell the same after carving out shops. This valuable panchayat property is sought to be now usurped. In response to notice of motion, an affidavit has been filed by Shri Pal Singh, Naib Tehsildar, Baghapurana. It is pointed out that the area of pond is not part of Shamlat deh. Land measuring 528 Kanal approximately is abadi deh land in which khasra No.267 is the part. The abadi deh land is inhabitated but about 50 kanals of land was lying vacant where sewerage water from the nearby houses used to be accumulated. Such sewage was pumped out by Municipal Committee. This vacant land/pond was used for common purposes by local Municipal Committee. It is also pointed out that certain persons tried to grab this precious land and that proceedings under Section 145 of the Code of Criminal Procedure, 1973 has been initiated to protect the nature and possession of land. Tehsildar, Baghapurana has been appointed as receiver of the land. Certain aggrieved persons have filed a revision before the learned Additional Sessions Judge challenging initiation of proceedings under Section 145 and 146 of the Code of Criminal Procedure, 1973. After going through the reply, it is evident that administration has taken steps for protecting about 50 kanals of land from illegal encroachment by initiating proceedings under Section 145 of the Code of Criminal Procedure, 1973. Such proceedings are subject matter of challenge in the Court of Additional Sessions Judge CWP No.609 of 2009 -3- as well. In view of the said fact, we do not find that the allegations made in the complaint require any further action by this Court. The respondent shall take steps as may be necessary to prevent any encroachment on the aforesaid land in accordance with law. With the said direction, the writ petition stands disposed of. (T.S. THAKUR) (HEMANT GUPTA) CHIEF JUSTICE JUDGE March 27, 2009 manju