COCP No.727 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.727 of 2009 Date of decision: 14.12.2009 Tara Singh ......Petitioner(s) Versus Dr. Amit Aggarwal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Anil Kshetarpal, Advocate for the petitioner. Mr. Ashok Jindal, Additional Advocate General, Haryana for respondent No.1. Mr. Sanjiv Gupta, Advocate for respondent No.2. Rakesh Kumar Garg, J.(Oral) Respondents are present in Court. The grievance of the petitioner before this Court is that despite the directions dated 25.1.2008 passed in CWP No.1370 of 2004, the respondents have failed to take possession of the Panchayat property and, therefore, the respondents have committed contempt of this Court. In response to the show cause notice issued by this Court, separate replies were filed on behalf of respondents No.1 & 2. In the affidavit dated 12.10.2009 filed on behalf of respondent No.1, it has been submitted that out of an area of 409 square yards belonging to the Gram Panchayat, possession of 63 sq. yards is yet to be restored, which is in illegal possession of one Pritam Kaur and three others who are legal representatives of one Praduman Singh and that the Gram Panchayat has already initiated eviction proceedings against them. On the other hand, in the affidavit dated 6.8.2009 of respondent No.2, it has been submitted that the possession of the aforesaid land was handed over to him by the Social Education and COCP No.727 of 2009 2 Panchayat Officer on 23.6.2008 and the aforesaid report was even sent to the Block Development and Panchayat Officer and thereafter respondent No.2, after taking possession of the property in question, had affixed two gates and the keys of the locks put on the gates are with him. In view of the rival contentions of counsel for the parties, respondents No.1 and 2 were directed to be present in Court. Today, an additional affidavit has been filed on behalf of respondent No.1 wherein it has been submitted as under: “1. That on 31.7.2009, the D.D.P.O Yamuna Nagar has submitted his enquiry inter-alia mentioning that some land of the panchayat ghar is still in illegal occupation of one Pritam Kaur and legal heir of one Parduman Singh, resident of village Kayampura. 2. That as per proceedings of Delivery of Possession dated 23.6.2008 which was conducted by S.E.P.O Jagadhri, in the presence of Sarpanch, Gram Panchayat, Kayampura, it was reported that the entire area of the panchayat ghar has been handed over to the Gram Panchayat, Kayampura and the possession was taken by the Sarpanch of the Gram Panchayat. In the above mentioned report dated 23.6.2008, there was no mention with regard to illegal possession of 63 sq. yards of the Gram Panchayat's land by Pritam Kaur and the legal heirs of one Parduman Singh. 3. That in view of the above mentioned report dated 31.7.2009 submitted by the D.D.PO Yamuna Nagar, it is apparent that the entire area of the Panchayat Ghar has not been taken into possession and after considering the COCP No.727 of 2009 3 order dated 19.11.2009 passed by the Hon'ble Punjab and Haryana High Court, the deponent has initiated the regular enquiry against the Sarpanch of the Gram Panchayat, Kayampura under the provisions of the Haryana Panchayati Raj Act and to fix the responsibility of other officials of the block Jagadhri. The Additional Deputy Commissioner, Yamuna Nagar has been appointed as regular enquiry officer vide order memo No.6087 dated 11.12.2009, copy of which is attached herewith as Annexure R-9. 4. That with regard to remaining 63 sq. yards of land as mentioned above, which is in possession of Pritam Kaur and other legal heirs of one Parduman a separate eviction petition under Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 has been initiated in the court of Assistant Collector cum City Magistrate, Jagadhri, which is pending for adjudication.” In view of the aforesaid averments made in the affidavit of respondent No.1, this Court is not inclined to proceed any further in this petition at this stage. However, it is suffice to direct respondent No1 to finalise the regular enquiry against the Sarpanch of the Gram Panchayat Kayampura as mentioned in para No.3 of his affidavit within a period of six weeks from today. Rule discharged. December 14, 2009 (RAKESH KUMAR GARG) ps JUDGE