KIRPAL SINGH Vs. SATISH KUMAR SABHARWAL

JUDGEMENT

(1.) THE grievance of the petitioners is that an interim order passed by a Division Bench of this Court on 7.11.2005 (Annexure P.10) has been violated by the respondents.

(2.) THE respondent-Gram Panchayat has sought the ejectment of the petitioners herein by initiating proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act"). The learned Collector dismissed the petition on 10.4.2002 but the appeal against the aforesaid order was accepted by the learned Director on 3.7.2005. Vide the aforesaid order, the learned Block Development and Panchayat Officer was directed to get demarcated the pond and if it is found that the respondents are in illegal possession, they be removed immediately.

(3.) IN reply, it has been pointed out that the writ petition filed by the petitioners has been dismissed on 4.5.2006. The said order was passed on the basis of demarcation report dated 28.9.2005, which was carried out after the order was passed by the Director. It is also pointed out that vide Resolution dated 12.12.2003, the Panchayat has resolved to give the lands in dispute to the Public Health Department for providing water tank for the purposes of drinking water. In pursuance of the said Resolution, the officers of the State Government have approved the tender to carry out the digging of the tubewell in respect of which a contract was given to the contractor on 24.10.2005. Thus, it was pointed out that neither the State Government nor the Contractor was impleaded in the writ petition and, therefore, the work allotted to the contractor was carried out by the contractor as the order of the stay was not communicated to him.