IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12572 of 2008 Date of decision: January 30, 2009. M/s Berry Scientific Dyers ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Raman Sharma, Advocate, for the petitioner(s). Shri G.S. Attariwala, Additional Advocate General, Punjab. Shri Harsh Aggarwal, Advocate, for respondent(s) No.4. ORDER Surya Kant, J. - (Oral): This order shall dispose of CWP No.12572 & 12577 of 2008 as common questions of law and facts are involved therein. The facts are being taken from CWP No.12572 of 2008. The petitioner is running an industrial unit located opposite Central Jail, Ludhiana. The respondent-authorities have perceived that the petitioner has encroached upon a portion of khasra No.195 comprising Budha Nala and has raised unauthorized construction thereupon. The respondents have accordingly initiate proceedings under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. Aggrieved, the petitioner has approached this Court. Notice of motion was issued and in response thereto, counter affidavit has been filed in Court by the State authorities, which is taken on record. During the course of hearing, the only grievance pressed by the petitioner is that the respondents have held it guilty of encroaching upon a part of khasra No.195 comprising Budha Nala on the basis of some demarcation done by the revenue authorities behind the back of the petitioner. Though the said contention is refuted by the learned Additional Advocate General, he, however, fairly states that there can possibly be no serious objection to the re-demarcation of the above mentioned khasra number by a revenue officer, after notice to the petitioner. Consequently, both the writ petitions are disposed of with a direction to the Deputy Commissioner, Ludhiana to depute a senior revenue officer not below the rank of Tehsildar who shall visit the disputed site after notice to the petitioners and carry out the re-demarcation. In case it is found that the petitioners have encroached upon a part of the said khasra and/or have raised any construction over that part, the respondents shall be entitled to proceed further with the eviction proceedings already initiated against the petitioners under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. The needful shall be done by the authorities within a period of one month from the date of receipt of a certified copy of this order. January 30, 2009. [ Surya Kant ] kadyan Judge