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2015 DIGILAW 1968 (PNJ)

Gram Panchayat Dhadhogal v. State of Punjab

2015-10-30

P.B.BAJANTHRI, SURYA KANT

body2015
JUDGMENT Mr. Surya Kant, J.: (Oral) - Notice of motion to respondent Nos.1 to 4 only at this stage. 2. On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab, accepts notice on their behalf. 3. Let four copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. 4. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from respondent Nos.1 to 2 or to serve respondent No.5 at this stage as no order on merits is being passed to the detrimental of his interest. 5. The petitioner is Gram Panchayat of village Dhadhogal, Tehsil Dhuri, District Sangrur. It is alleged that pursuant to a petition filed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, eviction order was passed against respondent No.5 on 03.07.2002 (P-2) but due to alleged collusion and connivance of the previous Sarpanch, the said order has not been executed so far. The petitioner-Gram Panchayat further claims that due to influence and pressure exerted by respondent No.5 on the authorities, the eviction order is not being given effect though warrants of possession were issued by the Executing Court on 29.07.2015 (P-3). 6. Having heard learned counsel for the parties, it appears to us that if the eviction order has attained finality and there is no legal impediment against its execution, it is imperative upon respondent No.2 to take the executing proceedings to their logical conclusion. If need be, it is equally obligated upon the District Administration including the police authorities to provide adequate assistance for giving effect to the order passed by a judicial or quasi-judicial forum. We say nothing more at this stage. 7. The writ petition is accordingly disposed of with a direction to the (i) Deputy Commissioner, Sangrur; (ii) Senior Superintendent of Police, Sangrur and (iii) the District Development and Panchayat Officer, Sangrur, to ascertain the correct facts and take necessary remedial steps as may be required in accordance with law, within a period of two months. 8. An affidavit of compliance shall be filed by the Deputy Commissioner, Sangrur before the Registrar Judicial of this Court. 9. 8. An affidavit of compliance shall be filed by the Deputy Commissioner, Sangrur before the Registrar Judicial of this Court. 9. Let a copy of this order be given dasti to Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab, for information and necessary action.