IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.19478 of 2009 Date of Decision:- 13.01.2011 Tarlochan Singh and others ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:HON'BLE MR.JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Naresh Prabhakar, Advocate, for the petitioners. Ms.Madhu Dayal, Additional Advocate General, Punjab for respondents No.1 to 4. Mr.Ashok Sharma Nabhewala, Advocate, for the intervenor-respondents. Mr.Rahul Sharma, Advocate, for respondent No.5. *** Ranjan Gogoi, ACJ. (Oral) This Public Interest Litigation has been filed seeking a direction to the 5th respondent to take necessary steps with regard to encroachment allegedly made by respondents No.6 to 29. From the written statement filed by the 5th respondent and the other materials on record, it appears that the respondents No.6 to 29 as writ petitioners had instituted an earlier proceeding before this Court i.e. CWP No.14075 of 2001 which was disposed of by this Court on 22.1.2004 by holding that as the learned counsel for the respondent-State in the aforesaid case had stated that the notices/orders issued to the petitioners therein were actually meant to be received by other persons, the apprehensions of the C.W.P.No.19478 of 2009 -2- petitioners in CWP No.14075 of 2001 were unfounded. The writ petition was accordingly closed. Learned counsel for respondent No.5 has now submitted that it is necessary for the said respondent to undertake a process of verification as to whether respondents No.6 to 29 are encroachers and thereafter, take suitable action against them in accordance with law, if so required. Learned counsel has further submitted that the aforesaid process of further verification has been considered not feasible in view of the order dated 22.01.2004 passed by this Court in C.W.P.No.14075 of 2001. Having noticed the facts as stated above, the Court is of the view that this Public Interest Litigation ought to be disposed of by directing respondent No.5 to undertake a fresh process of verification to determine as to whether respondent Nos.6 to 29 are encroachers or not. If the said process of verification reveals the petitioners to be encroachers, respondent No.5 may seek suitable modification of the order dated 22.01.2004 passed in CWP No.14075 of 2001 and if such orders are to be passed, further action as may be necessary in law may be required to be initiated. Public Interest Litigation is disposed of in the above terms. ( RANJAN GOGOI ) ACTING CHIEF JUSTICE January 13, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE