C.W.P. No. 22056 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 22056 of 2010 Date of decision:5.12.2011 Manjit Singh and others ........Petitioners Versus State of Punjab and others ........Respondents CORAM:- HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present: Mr. S.S.Salar, Advocate, for the petitioners RANJAN GOGOI, CJ. : (Oral) This PIL has been filed seeking protection from encroachment/destruction of public property i.e. a fort standing at Sunam, District Sangrur. We have gone through the averments made in the writ petition and have heard learned counsel for the petitioners. On being asked, learned counsel for the petitioner has fairly submitted that the fort in question has not been declared to be a historical monument so far under the relevant statute in force. The said fact would render the present complaint to be a complaint with regard to encroachment on public property for which remedial action can be taken by the Deputy Commissioner. Coincidentally the Deputy Commissioner Sangrur and the Sub Divisional Magistrate, Sunam have been approached by the petitioners in this regard. As the said approach has been made only on 14.11.2011 we C.W.P. No. 22056 of 2010 2 are of the view that, at this stage, interference of the court will not be justified. Rather, the petitioners should be left to avail of the other remedy available. Consequently, the Deputy Commissioner and the Sub Divisional Magistrate will take necessary follow up measures within four weeks from today on the representations filed. The petitioners will be at liberty to approach this court again in the event the orders passed by either of the two authorities are adverse to them. The Deputy Commissioner and the Sub Divisional Magistrate may also take such interim measures as may be necessary for the protection of the public property in question. This will dispose of PIL. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE December 5, 2011 RSK NOTE: Whether to be referred to the Reporter or not? _____