MAHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is filed invoking writ jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dated 1.11.2010 (Annexure P-8) as well as order dated 11.7.2011 (Annexure P-10) whereby complaint of the petitioners for removing respondent No. 4, Panch, on the ground that he is in unauthorized possession of the Panchayat land was dismissed.

(2.) Perusal of order dated 1.11.2010 (Annexure P-8) passed by Director, Rural Development and Panchayat, Punjab, would reveal that on 18.4.2009 Field Kanungo conducted fresh demarcation in the presence of Ilaqa Patwari, in which respondent No. 4 is not found in unauthorized possession of any Gram Panchayat land. Order dated 11.7.2011 (Annexure P-10) passed by Financial Commissioner would show that on khasra No. 644, in the fresh demarcation, respondent No. 4 was not found in possession and some other inhabitants were found in possession and eviction order from khasra No. 644 was passed against other inhabitants.

(3.) On being asked, who are the other persons against whom eviction order has been passed from khasra No. 644, learned counsel for the petitioners has stated that to his knowledge no eviction order has been passed, however, eviction proceedings are pending against Sant Singh, Pritam Singh and Mehar Singh all sons of Gainda Singh. Learned counsel for the petitioners, while taking me to Annexure P-11, has argued that Sant Singh, one of the unauthorized occupants, against whom eviction proceeding is pending to remove encroachment from khasra No. 644, has given affidavit stating that along with them, respondent No. 4 is also in illegal possession of the Gram Panchayat land i.e. khasra No. 644.