MAHAVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this writ petition is for directing official respondents to execute order dtd. 19/9/2019 (Annexure P-5) passed by respondent No.3, whereby petition under Sec. 3, 4 and 5 of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, filed by respondent-Gram Panchayat was allowed and eviction of Dharampal and Bira Ram sons of Babu Ram resident of village Samrala, Block Gharota, District Pathankot, from Gram Panchayat land was ordered.

(2.) It is pleaded in the writ petition that despite passing of order dtd. 19/9/2019 (Annexure P-5) by respondent No.3, the same having attained finality, no steps have been taken for taking over possession of Gram Panchayat land from respondents No.7 and 8.Coordinate Bench of this Court on 21/7/2022, directed learned counsel for the State to seek instructions as to why order dtd. 19/9/2019 (Annexure P-5) had not been given effect to. Compliance report was directed to be filed.

(3.) Pursuant thereto Status Report by way of affidavit dtd. 18/7/2022 of Ms. Neeru Bala, Block Development and Panchayat Officer, Gharota, District Pathankot, was filed, wherein it is stated that copy of warrants of possession dtd. 19/11/2019 were sent to the revenue authorities on 22/1/2020 for doing the needful, however before any action could be initiated, lock-down was enforced due to outbreak of pandemic COVID-19. Possession of land in dispute is stated to have been taken on 14/9/2020 and handed over to Gram Panchayat Samrala, Block Gharota. Respondent no.7 along with respondent no.8, his brother, are stated to have again illegally occupied the abovesaid Panchayat land in the month of May 2022, on which Gram Panchayat Samrala, Block Gharota, passed resolution dtd. 10/5/2022 and request was made to the Block Development and Panchayat Officer, Gharota for taking necessary action. It is stated that the concerned police authorities did not take any action to remove the illegal encroachment.