SHANTI DEVI Vs. S K SINGH

JUDGEMENT

(1.) THE petitioners filed a writ petition wherein a direction was issued to the Deputy Commissioner, Fatehabad to take action in respect of Annexure P- 9/1 in the writ petition with police help, if necessary. Annexure P-9/1 is a document wherein the petitioners have pointed out encroachment on the public land.

(2.) SINCE the encroachment was not removed, the petitioners filed the present contempt petition in which an affidavit dated 10.11.2010(Annexure R-1) was filed wherein the Deputy Commissioner has written to the Commissioner and Secretary to Government Haryana, PWD B&R Department, Chandigarh that all encroachments numbering 44 have been removed by the Executive Engineer, PWD B&R. In the affidavit filed by the XEN, it is pointed out that after the removal of encroachment, some persons again encroached the road, as a result of which, the Duty Magistrate was appointed at the site to avoid any breach to peace and to clear the encroachments.

(3.) LEARNED counsel for the petitioner contends that the encroachments have been allegedly removed by getting fresh demarcation on 26.10.2010. By such demarcation process, number of encroachments which were mentioned in Annexure P-9/1 has been left out.