This court disposed of a writ petition where the petitioner complained that the Collector failed to execute earlier eviction warrants despite issuing them. The court directed the petitioner to apply to the Collector for effective measures with a timeline.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 12937 of 2009
Date of decision : August 24, 2009
Ram Jawari
….. Petitioner
Versus
State of Haryana and Others
….. Respondents
Present : Mr. Parminder Singh, Advocate for the petitioner.
S.S. SARON, J.
The petitioner is a resident of village Kohand, Tehsil Gharaunda, District Karnal. He filed a petition (Annexure P1) under Sections 4, 5, 7 and 12 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (“Act” – for short) seeking eviction of Ishwar (respondent No.5) from the pathway comprised in rectangle No.48, killa No.1/2 (0 – 3).
The said petition was allowed ex parte by the Collector, Karnal vide order dated 28.8.2008 (Annexure P2). Ishwar (respondent No.5) was ordered to be evicted from the land comprised in rectangle No.48 killa No.1/2 (0–3) situated at village Kohand. On the passing of the order, the petitioner filed an execution application (Annexure P3) which, it is stated, is being adjourned from time to time. A reference has been made to the interim orders passed on 23.12.2008, 14.1.2009, 13.2.2009, 25.2.2009, 15.6.2009 and 23.7.2009. It is submitted that even though warrants of possession have been issued, however, the same are not being executed. Therefore, it is submitted that a great prejudice is being caused to the inhabitants of the village, inasmuch as
CWP No. 12937 of 2009
[2]
the Collector, Karnal (respondent No.2) is not executing his own order dated 28.8.2008 (Annexure P2).
After giving my thoughtful consideration to the matter, it may be noticed that the grievance of the petitioner is that even though warrants of possession have been issued by the Collector, Karnal (respondent No.2) for evicting Ishwar (respondent No.5) from the pathway comprised in rectangle No.48, killa No.1/2 (0 – 3) marlas, no concrete steps are being taken. Even a perusal of the aforementioned orders shows that it is merely recorded that warrant of execution has not been received back.
In the facts and circumstances, it would be just and expedient that the petitioner files an application before the Collector, Karnal itself for taking effective measures to execute the warrants of possession which are based on his own order dated 28.8.2008 (Annexure P2).
Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the Collector, Karnal seeking effective implementation of the order dated 28.8.2008 (Annexure P2) and in case such an application is filed, it is hoped that the learned Collector, Karnal shall look into the same and pass necessary order preferably within three months from receipt of the copy of the order.
(S.S. SARON) JUDGE
August 24, 2009 amit
2 issues framed by the court
Whether the writ petition regarding non-execution of eviction warrants should be disposed of by directing the Collector to take effective measures.
Whether the petitioner can approach the Collector for effective implementation of the eviction order.
4 provisions across 1 enactments
Ram Jawari
State of Haryana
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
