Dismissed

Gian Singh v. State of Punjab & Ors.

Punjab & Haryana HC21 Dec 2015CWP/26100/2014

Case brief

AI extract

What is this about?

Petitioner sought Writ Certiorari directing removal of illegal encroachment on Gram Panchayat land. Court satisfied respondent dismantled part but held disputed issues unsuitable for writ. Writ disposed of; Gram Panchayat granted liberty to initiate action under relevant Acts.

What did the court decide?

Writ disposed of with liberty to Gram Panchayat to initiate action under Punjab Village Common Lands (Regulation) Act, 1961, for removal of encroachments.

Gian Singh Vs State of Punjab & Ors. — Landlord and Tenant | Punjab & Haryana HC (2015)

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CWP No. 26100 of 2014 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 26100 of 2014 (O&M) Date of decision : 21.12.2015

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Gian Singh

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................Petitioner

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vs.

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State of Punjab and others

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.................Respondents

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Coram: Hon'ble Mr. Justice Surya Kant Hon'ble Mr. Justice P.B. Bajanthri

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Present: Mr. Abhinav Ghabroo, Advocate for Mr. Rahul Sharma, Advocate for the petitioner.

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Mr. K.K. Gupta, Additional Advocate General, Punjab

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Mr. Verlin Garg, Advocate for Dr. Surya Parkash, Advocate for respondent No.3.

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Mr. H.R. Bhardwaj, Advocate for respondent No.4.

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioner has approached this Court to direct the Gram Panchayat of Village Mullanpur Garib Dass to initiate action under Section 34 of the Punjab Panchayati Raj Act, 1994 for the removal of illegal encroachment stated to have been made on the Gram Panchayat land by respondent No.4. On seeing the photographs

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BANITA CHUGH 2016.01.06 10:50 I attest to the accuracy and authenticity of this document chandigarh

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CWP No. 26100 of 2014 -2-

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appended with the writ petition, we called upon the respondents including respondent No.4, to explain the legality of the ongoing construction. The matter was heard at length and pursuant to the suggestions or directions, respondent No.4 has dismantled the cantilever and has now taken a stand that the unauthorized part of the construction stands removed.

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(2) Though, learned counsel for the petitioner as well as of the Gram Panchayat still insist that the entire unauthorized construction has not been removed, we are satisfied that such like disputed issues cannot be effectively resolved in these proceedings. The writ petition is accordingly, disposed of with liberty to the Gram Panchayat to initiate action either in exercise of its own powers or in the Court of Assistant Collector Ist Grade, in accordance with provisions of the Punjab Village Common Lands (Regulation) Act, 1961, for the removal of unauthorized encroachments on public passages, shamlat deh or Gram Panchayat property, as the case may be. The DDPO/Prescribed Authority, before whom such proceedings are to be initiated, shall act promptly and in accordance with law.

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( Surya Kant ) Judge

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( P.B. Bajanthri ) Judge

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December 21, 2015. chugh

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BANITA CHUGH 2016.01.06 10:50 I attest to the accuracy and authenticity of this document chandigarh

Gian Singh v. State of Punjab & Ors.

Case brief

What is this about?

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Gian Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

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