IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 12937 of 2009
Date of decision : August 24, 2009
Ram Jawari
..... Petitioner
Versus
State of Haryana and Others
..... Respondents
Present : Mr. Parminder Singh, Advocate for the petitioner.
***
S.S. SARON, J.
The petitioner is a resident of village Kohand, Tehsil Gharaunda,
District Karnal. He filed a petition (Annexure P1) under Sections 4, 5, 7 and 12
of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act,
1972 (“Act” – for short) seeking eviction of Ishwar (respondent No.5) from the
pathway comprised in rectangle No.48, killa No.1/2 (0 – 3).
The said petition was allowed ex parte by the Collector, Karnal
vide order dated 28.8.2008 (Annexure P2). Ishwar (respondent No.5) was
ordered to be evicted from the land comprised in rectangle No.48 killa No.1/2
(0-3) situated at village Kohand. On the passing of the order, the petitioner
filed an execution application (Annexure P3) which, it is stated, is being
adjourned from time to time. A reference has been made to the interim orders
passed on 23.12.2008, 14.1.2009, 13.2.2009, 25.2.2009, 15.6.2009 and
23.7.2009. It is submitted that even though warrants of possession have been
issued, however, the same are not being executed. Therefore, it is submitted that
a great prejudice is being caused to the inhabitants of the village, inasmuch as
CWP No. 12937 of 2009 [2]
the Collector, Karnal (respondent No.2) is not executing his own order dated
28.8.2008 (Annexure P2).
After giving my thoughtful consideration to the matter, it may be
noticed that the grievance of the petitioner is that even though warrants of
possession have been issued by the Collector, Karnal (respondent No.2) for
evicting Ishwar (respondent No.5) from the pathway comprised in rectangle
No.48, killa No.1/2 (0 – 3) marlas, no concrete steps are being taken. Even a
perusal of the aforementioned orders shows that it is merely recorded that
warrant of execution has not been received back.
In the facts and circumstances, it would be just and expedient that
the petitioner files an application before the Collector, Karnal itself for taking
effective measures to execute the warrants of possession which are based on his
own order dated 28.8.2008 (Annexure P2).
Accordingly, the writ petition is disposed of with liberty to the
petitioner to approach the Collector, Karnal seeking effective implementation of
the order dated 28.8.2008 (Annexure P2) and in case such an application is filed,
it is hoped that the learned Collector, Karnal shall look into the same and pass
necessary order preferably within three months from receipt of the copy of the
order.
(S.S. SARON)
JUDGE
August 24, 2009
amit