Punjab-Haryana High Court
Ishwar Dutt vs State Of Haryana & Ors on 15 December, 2014
Author: Raj Mohan Singh
Bench: Surya Kant, Raj Mohan Singh
In the High Court of Punjab and Haryana at Chandigarh
C.W.P. No. 25601 of 2014
Date of decision: 15.12.2014
Ishwar Dutt
......petitioner
Versus
State of Haryana and others
.......Respondents
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr.Jitender Malik, Advocate,
for the petitioner.
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Raj Mohan Singh, J.
1. Petitioner impugns inaction on the part of the official respondents and Gram Panchayat in not getting the Panchayat land vacated from unauthorised occupants despite orders of ejectment having been passed in relation thereto. Petitioner also points out that the Gram Panchayat has not resorted to any execution of orders of ejectment till date.
2. Factum of allotment of 100 square yards plots out of the subject land in favour of lower strata of the society under the policy of the State has also been highlighted. Precisely, in this regard, a representation is statedly pending before the Sub Divisional Officer (Civil), Hisar. The petitioner also points out that the Additional Deputy Commissioner, Hisar had already submitted his report vide letter dated 24.9.2012 (Annexure P-3) to the Deputy Commissioner, ANITA DEVI Hisar, acknowledging the factum of encroachment and the reports 2014.12.24 10:50 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 25601 of 2014 -2- submitted by the revenue officials giving full details of the land with reference to list of persons in illegal possession. Necessary directions are shown to have been issued to the Sarpanch and the Panchayat Secretary and monitoring by way of giving necessary warnings was also construed to be expedient to ensure the execution of such orders.
3. Without going into merits of the case, lest it may prejudice the case of either party, we dispose of the writ petition at this stage with a direction to respondent No.2 to direct the Sub Divisional Officer (Civil), Hisar or to take cognizance himself on the subject matter and decide the controversy once for all, by passing a speaking order and to ensure filing of execution for recovering public land from the clutches of encroachers. We have no doubt in our mind that the aforesaid exercise shall be done by respondent No.2 by following principles of natural justice without being influenced by any consideration in a totally impartial manner, preferably within a period of four months from the date of receipt of certified copy of this order.
(SURYA KANT) (RAJ MOHAN SINGH)
JUDGE JUDGE
December 15, 2014
anita
ANITA DEVI
2014.12.24 10:50
I attest to the accuracy and
integrity of this document
Chandigarh