Punjab-Haryana High Court
Budh Singh And Another vs Joint Development Commissioner, ... on 25 April, 2019
Author: Jaswant Singh
Bench: Jaswant Singh
118
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Civil Writ Petition No. 8412 of 2019 (O&M)
Date of Decision: 25.04.2019
Budh Singh and another
.......... Petitioners
Versus
Joint Development Commissioner, Panchayat and
Rural Development, Punjab and others
.......... Respondents
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI
Present: None for the petitioners.
Ms. Anu Pal, Deputy Advocate General, Punjab
assisted by Mrs. Navdeep Kaur, BDPO, Dhuri (Sangrur) and
Mr. Harminder Singh Hundal, Tehsildar, Dhuri (Sangrur)
****
JASWANT SINGH, J. (ORAL)
CM No 6078 of 2019 By filing of the instant application, both the applicants- petitioners, namely Budh Singh and Harbans Singh, have sought to file their respective affidavits dated 22.04.2019 in compliance of the order dated 04.04.2019 passed by this Court, specifying that they are not in possession of any Government/Gram Panchayat land/property including Shamilat and are also not in default of any Public/Panchayat dues.
Application is allowed. The aforesaid affidavits of both the petitioners taken on record as Annexures P-4 & P-5 respectively. MAIN CASE The two (02) petitioners are the residents of Village Badshahpur, Sub-Tehsil Sherpur, Tehsil Dhuri, District Sangrur and are seeking a writ of Mandamus directing the official respondents Nos. 1 to 5 to 1 of 3 ::: Downloaded on - 11-05-2019 22:59:04 ::: C.W.P. No. 8412 of 2019 (O&M) -2- execute and implement the Ejectment Orders dated 29.03.2016 (Annexure P-1), duly affirmed in Appeal vide order dated 29.08.2018 (Annexure P-2) in respect of removal of encroachment from Shamilat Land comprised in Khewat/Khatauni No. 775/724/1174 Khasra No. 86 (5-7), which is reserved for Gair Mumkin Cremation Ground.
Without issuing notice, this Court, vide order dated 04.04.2019, had directed the BDPO concerned to file a status report with regard to the execution of eviction orders.
At the time of resumed hearing today, Mrs. Navdeep Kaur, BDPO, Dhuri (Sangrur) and Mr. Harminder Singh Hundal, Tehsildar, Dhuri (Sangrur) are present in Court and the BDPO has filed a status report by way of affidavit dated 24.04.2019 in Court, which is taken on record. The relevant para Nos. 9, 10 & 11 of the said affidavit read as under:-
"9. That on 22.03.2019 the Field Kango Sh. Bhupinder Singh along with Block Development and Panchayat Officer, Dhuri and Sarpanch Gram Panchayat, Badshahpur and others visited the site for taking possession of the land in question but due to law and order problem the warrant of possession could not be executed on that day. Thereafter vide letter dated 22.03.2019 the Field Kango made a written request to the Naib Tehsildar for police protection at the time of taking possession of the land in question.
10. That the Naib Tehsildar, Sherpur vide letter dated 04.04.2019 requested the SDM, Dhuri for police protection to the Field Kango, Ghanuri Kalan at the time of executing the warrant of possession.
11. That the SDM, Dhuri vide letter dated 11.04.2019 recommended to the District Magistrate, Sangrur for providing police protection to the Field Kango, Ghanuri Kalan in order to maintain law and order
2 of 3 ::: Downloaded on - 11-05-2019 22:59:04 ::: C.W.P. No. 8412 of 2019 (O&M) -3- at the time of executing the warrant of possession. The permission from the office of District Magistrate, Sangrur for police protection to the Field Kango, Ghanuri Kalan at the time of executing the warrant of possession is still awaited. "
Learned State Counsel, on instructions from the aforesaid BDPO/Tehsilar, states that the aforesaid orders for removal of the encroachment shall be duly executed by appropriate steps within next four (04) months.
To facilitate the aforesaid stand, we direct the District Magistrate, Sangrur (Punjab) to provide police help for execution of the warrants of possession, as and when requested by the BDPO concerned.
In view of the prayer having been redressed, no further adjudication is required in the present writ petition and the same is, accordingly, disposed of.
In case the needful is not done within the stipulated period, liberty is granted to the petitioners to revive the petition.
( JASWANT SINGH )
JUDGE
April 25, 2019 ( ARUN KUMAR TYAGI )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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