COCP No.1616 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1616 of 2009(O&M) Date of decision: 14.12.2009 Sarwan Singh & others ......Petitioner(s) Versus Sameer Pal Saron, IAS Deputy Commissioner, Ambala ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Pritam Saini, Advocate for the petitioners. Mr. Ashok Jindal, Additional Advocate General, Haryana. Rakesh Kumar Garg, J.(Oral) CM No.21010-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1616 of 2009 In response to the show cause notice issued by this Court, reply way of affidavit of the respondent has been filed wherein it has been submitted as under: ”1. That in compliance of the directions issued by this Hon'ble Court in CWP No.1808/09 vide order dated 4.2.2009, the deponent issued specific directions to the District Development & Panchayat Officer, Ambala vide its order dated 12.3.2009 to remove unauthorized possession and encroachment made by the villagers of village Rajoli within twenty days. District Development & Panchayat Officer was also directed to put up pending complaints before the deponent against Sarpanch Smt. COCP No.1616 of 2009(O&M) 2 Satya Devi along with his comments. It is pertinent to mention here that Block Development & Panchayat Officer, Shahzadpur vide his letter No.288 dated 8.4.2009 intimated that the Garbage (Malba) has been removed from the ground of school and spot has also been inspected by petitioner Sarwan Singh, Panch as well as Sarpanch Smt. Satya Devi. Both petitioner as well as Sarpanch of village Rajoli has also given in writing that both are satisfied with the action of Block Development & Panchayat Officer, Shahzadpur. On the basis of the report of the Block Development & Panchayat Officer, Shahzadpur, the deponent passed the order dated 6.5.2009. Copy of order dated 6.5.2009 and written of petitioner Sarwan Singh & Sarpanch Smt Satya Devi are annexed as Annexure R-1 to R-3. It is further submitted that the action on the other allegations made by the petitioners in their complaint dated 18.8.2008 have also been taken as report submitted by Block Development & Panchayat Officer, Shahzadpur vide his letter No.2594 dated 4.12.2009. Copy of the same is annexed as Annexure R-4. The Block Development & Panchayat Officer, Shahzadpur stated in his report (Annexure 4) that all the unauthorized possession have been removed, however in some cases Sarpanch of village Rajoli have filed cases against the persons who are in unauthorized possession in the court of Assistant Collector 1st Grade, Naraingarh. In common toilet doors and water facility COCP No.1616 of 2009(O&M) 3 have been provided and now all are in running condition. It is further submitted that the Block Development & Panchayat Officer, Shahzadpur also stated in this report (Annexure R-4) that fencing around the school ground of village Rajoli has also been made and door in toilet has been provided. Chowk and overflow water has also been removed and drainage system is property functioning. So, there is no violation or disobedience of the directions issued by this Hon'ble Court. The deponent holds this Hon'ble Court in highest esteem. It is an article of faith of the deponent that the dignity of this Hon'ble Court and all other Hon'ble Courts of Law be maintained. The deponent cannot even think of disobeying the directions passed by this Hon'ble Court. However, if still this Hon'ble Court comes to the conclusion that any act on the part of deponent tantamount to contempt of Court, the deponent tenders his unconditional and unqualified apology for the same.” In view of the fact that the respondents are taking action to remove the unauthorized possession in the village as mentioned in the complaint dated 18.8.2008 and to comply with the directions issued by this Court, I am not inclined to proceed further in this petition at this stage. Rule discharged. However, in case any grievance is left, the petitioner shall be at liberty to approach this Court again. December 14, 2009 (RAKESH KUMAR GARG) ps JUDGE