JUDGMENT : Bansi Lal Bhat, J. 1. Petitioners seek direction to the respondents for conservation, preservation and protection of water bodies known as Gagwal Talab situated at Village Bagla, near Upper Patti and Seasonal Nala known as Tarhera Khud/Nala recorded as Mufidam Talab in Revenue records. Placing reliance upon a judgment of the Hon'ble Apex Court rendered in Jagpal Singh and Ors. v. State of Punjab and Ors., AIR 2011 SC 1123 , it is urged that these water bodies are being encroached upon by the land grabbers, but the concerned authorities are turning a nelson's eye to these encroachments in contravention of the direction issued by the Hon'ble Apex Court. It is averred in the petition that the Tarhera Khad/Nala which passes through villages Suchani, Raya, Upper Patti, Lower Patti up to National Highway on western side and through villages Phallan, Badori, Khidian, Tarore up to Adarsh College of Education, is catering rain water of the whole area. This Nala overflows during the rainy season. Since Central University is coming up in the area, the land grabbers have started encroachment upon the Nala from both the sides. It is further averred that despite representations made to Deputy Commissioner, Samba no effective steps have been taken to prevent encroachment of the Nala Bed. It is further averred in the petition that 59.10 Kanals of land under Khasra No. 382 and 1644 recorded as Rafae aam Gair Mumkin Talab and 13 Kanals 11 Marlas under Khasra No. 1607 and 04 Kanals 01 Maria under Khasra No. 1640, recorded as Graveyard (Kabristan) and under common user of the villagers has been subjected to extraction of minor minerals by the land grabbers who have dug up a 15-20 ft. deep Nala through this land with further collection of materials on site for raising construction. It is thus, alleged that the natural resources meant for common use of the villagers and public utility are being plundered by the land grabbers. It is further averred that these Nalas, water bodies and common lands existing for more than 500 years are utilized for common benefit of the villagers and any encroachment thereon not only imperils the legitimate interests of the villagers but also results in destruction of natural resources. It is further averred that these Nalas, water bodies and common lands existing for more than 500 years are utilized for common benefit of the villagers and any encroachment thereon not only imperils the legitimate interests of the villagers but also results in destruction of natural resources. In the affidavit filed by Deputy Commissioner, Samba it is stated that land measuring 20 Kanals 5 Marlas under survey No. 1644 is recorded as Shamlat Hasab Rasad Khewat Gair Mumkin Talab in Girdawari entry for the year 2013 of village Bagla, Tehsil Vijaypur. The deponent Shri R.K. Verma, Dy. Commissioner, Samba has further stated that land measuring 148 Kanals 11 Marlas under survey No. 334 is recorded as Shamlat Hasab Rasad Khewat Gair Mumkin Khad and land measuring 72 Kanals under Survey No. 1651 is recorded as Gair Mumkin Khad in Revenue records. It is further stated in the affidavit that no encroachment has been noticed so far as land falling under Survey No. 1644 is concerned. However, a dispute is stated to be existing with regard to land under Survey No. 335, 1651 and 334, in respect whereof Executive Magistrate 1st Class has invoked powers under Section 145 Cr.P.C., attached the subject of dispute and placed the same on supardari of village Lambardar. 2. Counter affidavit has been filed on behalf of the petitioners disputing the factual position obtaining on spot as detailed in the affidavit sworn by R.K. Verma, Dy. Commissioner, Samba. 3. In view of the same, Deputy Commissioner, Samba was directed to file a better affidavit after taking note of the allegations in the counter affidavit filed on behalf of the petitioner. 4. In his counter affidavit filed by Mubarak Singh, Dy. Commissioner, Samba, it is stated that out of total land measuring 22 Kanals 5 Marlas falling in the Talab, entry of 2 Kanals was recorded in the name of Onkar Singh, however, illegal entry of 2 kanals has now been deleted and the community Pond (Talab) has been restored to its original position. It is further stated that no construction in the land of community pond was found to have been undertaken. It is further stated that no construction in the land of community pond was found to have been undertaken. It is further stated that two structures were found raised in Trerha Nalla by one Khajoor Singh S/o. Sham Singh R/o. Patti Mohra Bagla in Khasra No. 334 and second by Natha Singh, Prem Singh sons of Dharma Singh R/o. Patti in Khasra No. 1651. After the spot inspection by Respondent No. 5, Sub-Divisional Magistrate, Vijaypur has been directed to dismantle and remove the structures and to take necessary action against the persons engaged in illegal mining or extraction of minor minerals. It is further stated that notices have been issued to the encroachers for dismantling the structures raised in the Khad which could obstruct free flow of water. 5. In the latest affidavit sworn on 03.03.2015 Respondent No. 5 Shri Mubarak Singh has stated that he visited the spot along with Sub-Divisional Magistrate and Tehsildar Vijaypur and directed dismantling of the two illegally raised structures in Trerha Nalla. It is further stated in the affidavit that Sub-Divisional Magistrate and Tehsildar Vijaypur have reported compliance of directions and the said two structures have been removed. 6. Heard learned counsel for the parties and perused the record. 7. From the pleadings and the affidavits of the parties, it emerges that subject matter of the writ petition (PIL) comprises of water bodies in the form of Pond (Talab) and Nala (water channel) in respect whereof attempts were made by the encroachers to change user thereof depriving the petitioners and other villagers of the benefit of these water bodies and common land of public utility used for the common benefit of the villagers. It emerges from the affidavit of Respondent No. 5 that two illegal structures raised in Trerha Nallah stand dismantled by the authorities and free flow of the water in the channel has been restored. Ban has been imposed on extraction of minor minerals from the area except where extraction is being carried out under a valid license from Geology and Mining Department. It further emerges that the Pond used by the village community is lying intact and illegal entry in respect of two Kanals in the name of one Onkar Singh has been deleted. The issue raised thus, stands settled. 8. It further emerges that the Pond used by the village community is lying intact and illegal entry in respect of two Kanals in the name of one Onkar Singh has been deleted. The issue raised thus, stands settled. 8. This petition, is accordingly, disposed of with the direction to official respondents to ensure that all water bodies and public utility lands including Ponds, Khads, Water Channels and common lands used for common benefit of villagers within their jurisdiction are cleared of all encroachments and illegal occupations in accordance with law and no illegal acts, encroachment or illegal occupation in respect of such water bodies, common lands, public lands, water channels or public utility lands are permitted or regularized. The directions of Hon'ble Apex Court in Jagpal Singh's case (supra) shall be strictly and scrupulously adhered to. Disposed of along with connected CMA.