RAM NARAIN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a resident of village Ghanaur, District Patiala, has approached this Court under Article 226/227 of the Constitution of India, for quashing Annexure P.6 dated 26.9.1975 issued by the Sub Divisional Engineer, Construction Sub-Division No.IX, Punjab PWD (B & R), Patiala (respondent No. 2) asking him to remove the unauthorised encroachment on the PWD land.

(2.) The case of the petitioner, as stated in the petition is that he has been carrying on his business for the last 30 years inthe three shops at village Ghanaur, shown as X,Y and Z in the site plan as Annexure P.1 to this petition. He claims that he is in possession of the shops since long. The Gram Panchayat Ghanaur twice unsuccessfully tried to evict him from this land by resort to the civil suits. Thereafter respondent No. 3, Collector Rajpura initiated proceedings under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959, and issued notice Exhibit P.4 dated 11.6.1970. The petitioner submitted a reply thereto for dropping the proceedings initiated against him. The copy of the reply Annexure P.5. Since then, no further action was taken by the Collector (respondent No.3) in pursuance of notice Exhibit P.4. Proceedings against the petitioner were again initiated by respondent No.2 who issued order Annexure P.6 dated 26.9.1975 to the following effect :-

(3.) In the reply in the form of affidavit of Shri Chaman Lal Verma, Sub- Divisional Engineer, Construction Sub Division No. 9, PWD (B&R), Patiala, it is stated that the residents of village Ghanaur somewhere in 1965-66 had donated this land to the Public Works Department, on which it intends to construct a road. It came to the notice of the Department four or five years back that the petitioner had made encroachment. Mutation about the transfer of ownership of this land has not been sanctioned and the matter has been taken up with the Deputy Commissioner, Patiala vide Annexure R.2.