The court recorded a status report regarding the non-completion of an ejectment order due to pending appeals and concerns over violence during execution. The court directed the State to continue steps and submitted another report within three months before dispensing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP-2257-2015 (O & M) Date of decision: 24.05.2018
Chander Bhan
…. Petitioner
V/s
Parshant Atkan ...Respondent(s)
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Ramesh Goyat, Advocate, for the petitioners.
Mr. Rohit Arya, AAG, Haryana.
Rajan Gupta, J. (Oral)
Learned State counsel submits that status report by way of short affidavit of Prithvi Singh, Sub Divisional Officer (Civil)-cum Assistant Collector Ist Grade, Barwala, Distt. Hisar, has been filed in court today. Same is taken on record. Paras 3, 4 and 5 thereof read as under:-
“ 3. That the above said ejectment order was challenged by 20 encroachers before the appellate authority i.e. District Collector, Hisar which is pending for dated 29.05.2018.
4. That in compliance of ejectment order Sub Tehsildar Uklana vide letter no.1566/Reader Dated 27.12.2017 requested to Sub Divisional Officer (C) Cum-Assistant Collector Ist Grade Barwala that at time of execution of ejectment Law and order along with public peace may violate by the encroachers and there is chance of violence and hence a Duty Magistrate may be appointed and police force may be provided for the execution of ejectment. The Sub-Divisional Officer (C) Barwala authorized the Block Development and Panchayat Officer, Uklana for execution on dated 08.01.2018 vide order dated 02.01.2018. As per report of above said Block Development Panchayat Officer, Uklana he have to appear before the Civil Court
Sukhpreet Kaur 2018.06.03 00:36 I attest to the accuracy and integrity of this document
::2::
COCP-2257-2015 (O & M)
Hansi and due to that execution proceeding could not be completed on dated 08.01.2018.
5. That the Sub Tehsildar Uklana again requested to Sub Divisional Officer Barwala vide letter no.211 dated 02.05.2018 that a Duty Magistrate may be appointed for the 1805.2018 and police force may also be provided for the execution of ejectment order. The Sub Divisional Officer Barwala forwarded the above said to Deputy Commissioner, Hisar vide endst. No.141/Reader dated 07.05.2018. Hence the execution of ejectment is pending for 18.05.2018. ”
Apart from the above, learned State counsel submits that steps to execute the order passed by the concerned authority shall continue. Another report shall be submitted in the registry within three months from today.
In view of the above, no further direction is necessary. Disposed
of.
(RAJAN GUPTA) May 24, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Sukhpreet Kaur 2018.06.03 00:36 I attest to the accuracy and integrity of this document
Chander Bhan
Parshant Atkan
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
