PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.
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CWP No. 16637 of 2009.
Date of decision: 30.10.2009
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Prem Singh Versus District Magistrate, Jhajjar and others.
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CORAM: Hon’ble Mr. Justice T.S.Thakur, Chief Justice and
Hon’ble Mr. Justice Mahesh Grover.
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Present: Shri Bapurao Pakhiddey, Advocate, for the
petitioner.
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T.S.Thakur, CJ (Oral)
Issue notice of motion. Mr. Anil Rathee,Addl: A.G. Haryana accepts notice
on behalf of the respondents 1 to 3. Notice to respondent No.4 is dispensed with. The
petitioner has been heard for final disposal with consent.
This petition purports to have been filed in public interest and prays for a
mandamus directing the respondents to get the shamlat land vested in the Gram
Panchayat Gijadot District Jhajjar vacated from the illegal occupation of 7 persons
named in the order dated 29.02.2008 passed by the Assistant Collector Ist Grade,
Jhajjar.
Appearing for the petitioner, Mr. Pakhiddey argued that a large extent of
land vested in the Panchayat and forming a part of shamlat deh has been occupied by
8 individuals against whom proceedings under Section 7 of the Punjab Village
Common Lands (Regulation) Act, 1961 were initiated culminating in the passing of an
order dated 29.02.2008 by the Assistant Collector, Jhajjar. He urged that despite the
said order and despite applications made to the Assistant Collector and even to the
District Magistrate, Jhajjar no steps have been taken to execute the said order and get
the land vacated from the unauthorised occupation of the persons named in the order
made by the Assistant Collector. A prayer for issue of a mandamus directing the
authorities to get the unauthorised occupation of the persons mentioned in the order
removed, has therefore been made.
-2- CWP No. 16637 of 2009.
The fact that an order for eviction of the unauthorised occupants from the
land which has been found to be Village Common land vested in the Gram Panchayat
has been passed is not disputed even by Mr. Rathee, counsel appearing for the
respondents. A copy of the said order has been placed on the record from which it
appears that the Assistant Collector has indeed passed an order directing eviction of
the unauthorised occupants mentioned in the said order from the Gram Panchayat
land. The petitioner claims to have thereafter filed an execution petition on which
warrants for eviction of the occupants also appear to have been issued on 29.05.2009
and directed to the Tehsildar for compliance. The petitioner’s grievance now is that
despite the said warrants, the illegal occupants continue to be in occupation and that
the authorities concerned have failed to take effective steps to get the land vacated
from the occupants to be delivered back to the Panchayat. There is an assertion to this
effect made in para No.5 of the application made to the District Magistrate, Jhajjar. The
same is not however supported by any material before us. If execution applications
have indeed been filed by the petitioner for execution of the order passed by the
Assistant Collector we see no reason why the Assistant Collector should not dispose
off that application in accordance with law expeditiously especially when execution
warrants have also been issued. Suffice it to say that the petitioner ought to take up
the matter with the Assistant Collector seeking expeditious disposal of the execution
proceedings in which event the Assistant Collector is expected to look into the matter
and pass appropriate orders for execution of the order already made by him. The
needful shall be done within a period of four months from the date a copy of this order
is produced before him. The writ petition is with the above observation disposed off
with no order as to costs.
(T.S.Thakur)
Chief Justice
(Mahesh Grover)
October 30, 2009 Judge
Malik