KAPIL DEO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking a writ of Mandamus directing respondents to get the encroachment made by Dassu ram -Respondent no. 5 in the public street measuring 15' wide adjoining his house in Mohalla Arya Nagar in the area of M.C. Kartarpur in District Jalandhar removed and to restore the entire public street for public use.

(2.) THE grievance of the petitioner is that Dassu Ram -respondent no. 5 is making a house by encroaching upon the public street which is 15 feet wide as per Annexure P -3. House of Dassu Ram -respondent no. 5 is marked as No. 115 and the street outside his house is 8 feet as compared to the rest of the street which is 15 feet wide. Representations dated 9.9.2010 (Annexures P -4 and P -6) were made to the Deputy Commissioner of Jalandhar by all the residents of Mohalla Arya Nagar, Kartarpur (Jalandhar) that Dassu Ram -respondent no. 5 was constructing a house over the passage left by Nagar Council. The passage leads to Sri Guru Ravidass Dharamshala and due to the construction made by Dassu Ram -respondent no. 5, movement of the people was blocked. An agreement was reached between the petitioner and respondent no. 5 (Annexure P -7) that before the necessary demarcation is done by the SDM, Dassu Ram -respondent no. 5 will not make any construction. An application was also made to the Executive Officer, Municipal Council to carry out the measurement of the length and breadth of the disputed public street (Annexure P -8).

(3.) THE Executive Officer made a report dated 25.8.2011 (Annexure R -5) to the Deputy Director, Local Bodies, Jalandhar. As per the report, there is no encroachment made by Dassu Ram -respondent no. 5 as alleged. In the written statement filed by the Regional Director on behalf of respondents no. 1 to 3, a report was sought from respondent no. 4 i.e. Executive Officer, Municipal Council and as per the report given by respondent no. 4, Dassu Ram -respondent no. 5 had not encroached in any way in the Nagar Council and the complaint was baseless. In this report, it is stated that Naib Tehsildar, Kartarpur had conducted the demarcation of the land comprising Khasra No. 958 which was part of the property of the Nagar Council, Kartarpur. The Circle Cannongo, Kartarpur demarcated above Khasra No. 958 and gave their report that Dassu Ram -respondent no. 5 was not in possession of khasra no. 958 (property of Nagar Council).