SURINDER SINGH Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) The petitioner has approached this Court seeking a mandamus to direct the respondents to demarcate the land of playground of village Gheed, Tehsil & District Karnal pursuant to the applications dated 30.04.2015, 06.05.2015, 11.05.2015 & 18.05.2015 (P2 to P5).

(2.) We have serious doubts on the very maintainability of the writ petition ought to have been dismissed at the threshold. There is an eviction order passed against the petitioner's father at the instance of the Gram Panchayat of his village under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 as applicable to the State of Haryana. The eviction order has attained finality. Instead of removing the encroachment, the petitioner's father filed application under Rule 12(4) of the Punjab Village Common Land (Regulations) Rules, 1964 to purchase the land encroached by him. As the Gram Panchayat declined to sell its land, the petitioner's father approached this Court in CWP No.15247 of 2013 which was dismissed on 14.10.2014. It was with a view to ensure the removal of encroachment that this Court further directed the Deputy Commissioner to demarcate the entire playground and construct the four-wall after including the encroached upon land in the compound of the school. The operative part of the order dated 14.10.2014 reads as follows:-

(3.) The instant writ petition has again been filed seeking a direction to the authorities for demarcation of the playground. The petition is nothing but an abuse of the process of law.