Disposed

Apar Singh Ghuman v. State of Punjab and Ors.

Punjab & Haryana HC17 Aug 2012CWP/7718/2011

Case brief

AI extract

What is this about?

The Hon'ble High Court of Punjab and Haryana disposed of a writ petition filed by a former Sarpanch seeking directions to remove illegal encroachments on Gram Panchayat land. While noting inaction by the Collector, the Court granted the petitioner liberty to approach the Director, Rural Development and Panchayat Department, if further delays occur in expediting ejectment proceedings.

What did the court decide?

Liberty granted to the petitioner to file representation before the Director, Rural Development and Panchayat Department to direct the officer to expedite the decision on the application for ejectment

Apar Singh Ghuman Vs State of Punjab… — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 7718 of 2011

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Date of Decision: 17.8.2012

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Apar Singh Ghuman Gram Panchayat Khera Kotli

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... Petitioner

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Versus

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State of Punjab and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Mr. Jagmohan Ghumman, Advocate for the petitioner.

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed with a prayer that directions be issued to the official respondents to take appropriate action in accordance with law to remove illegal encroachments on the Gram Panchayat's land and also to implement the judgments passed by Hon'ble the Supreme Court and this Court as well, in a proper manner.

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The petitioner is a former Sarpanch of village Khera Kotli. It is grievance of the petitioner that the Collector, before whom the petitions filed for ejectment of the encroachers upon panchayat land are pending, is not taking any action which is detrimental to the interest of the Gram Panchayat. To say so, a reference has been made to a letter dated 7.4.2008 (Annexure P8) written by the petitioner to the Director, Rural Development and Panchayats, Government of Punjab, Chandigarh, wherein it is stated that the cases filed under Section 11 of the Punjab

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Civil Writ Petition No. 7718 of 2011

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Village Common Land (Regulation) Act, 1961 are pending before the Additional Deputy Collector (D) and District Development & Panchayat Officer but no decision is being taken despite repeated requests made by him to expedite the proceedings.

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Taking note of the grievance of the petitioner, we dispose of this writ petition with a liberty to the petitioner to file representation before respondent No.2-Director, Rural Development and Panchayat Department, Punjab bringing to his notice inaction on the part of the Additional Deputy Collector (D) and District Development & Panchayat Officer in not disposing of the cases pending before them regarding removal of the unauthorized encroachments. If any such instance is brought to the notice of respondent No.2 he shall look into the same and direct the officer concerned to expedite the decision on the application filed for ejectment of the unauthorized occupants and the question of title of the land of Gram Panchayat as well.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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August 17, 2012 “DK”

Apar Singh Ghuman v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Apar Singh Ghuman v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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