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2023 DIGILAW 1521 (PNJ)

Tarlochan Singh v. State of Punjab

2023-04-28

KULDEEP TIWARI, SURESHWAR THAKUR

body2023
JUDGMENT Sureshwar Thakur, J. (Oral) The counsel for the parties at contest, do not controvert, the fact that a binding and conclusive order of eviction became made by the learned Collector concerned, on 17.12.2013 upon file No. 14. Therefore, the above made binding and conclusive order of eviction, was required to be promptly and completely enforced, by the respondents concerned. In the above regard, it appears that the Collector concerned, did take prompt steps to enforce the binding and conclusive order of eviction (Annexure P-1), inasmuch as, the warrants of possession became drawn on 10.06.2014. The above warrants of possession were issued to the Tehsildar and Naib Tehsildar of the Block concerned. However, yet there is no mentioning therein about the dates whereon the said warrants of possession were made returnable. 2. Be that as it may, the striking aspect of the case, is that, the warrants of possession were drawn much earlier from today, and or were drawn in the year 2014, and, yet they have till date remained unexecuted. Thus, leading the petitioner herein to access this Court, but, for ensuring that appropriate directions be made, upon, the respondents concerned, along with responsibility being fixed upon the officers concerned, who made an inordinate delay in ensuring the most efficacious and completest, execution of the warrants of possession, as became drawn in the year 2014. 3. However, the petitioner herein prima facie has no locus standi or any legal capacity to access this Court as he was not impleaded as a party in the lis concerned. Moreover, since otherwise also in terms of Section 7 of the Punjab Village Common Lands Act, 1961, any private individual is barred from availing the remedy as prescribed under Section 7, thus, for ensuring the eviction of encroachers over the Panchyat land concerned. Nonetheless irrespective of the above, what captures the attention of this Court, and, requires that action in accordance with law be drawn against the erring officers concerned, is that, though the Panchayat concerned, is the beneficiary of the said binding and conclusive order of eviction, yet it has also remained completely lethargic and indolent in accessing this Court, for ensuring that a prompt efficacious execution being made of Annexure P-1. Therefore, for the above reason, and, thereupon, there is prima facie collusion inter se the Sarpanch of the Gram Panchayat concerned, and, the respondents in the eviction petition, thus, leading to a pretextual inordinate rather being happening, in the makings of promptest completest execution of the said order of eviction. Resultantly, this Court deems it fit yet to construe the instant petition to be well constituted. 4. As stated above, the warrants of possession (Annexure P-1), though, were drawn almost proximate to the binding and conclusive verdict of eviction hence being made on 17.12.2014, on the eviction petition (supra). However, the Collector concerned who has drawn it, and who is now stated to have expired, did not mention therein, the dates whereon, the said warrants were to made returnable, though he was under a bounden legal obligation to mention the date on which the warrants of possession, thus, were to be made returnable. In addition, the Collector concerned was also under a bounden legal obligation, to subsequently assign dates, for the listing of the eviction petition before him, so as to ensure, that whatsoever defect is mentioned by the Revenue Officer concerned, in his making / completest execution of the warrants of possession, that such constraints are overcome, through subsequent orders being made on the execution petition. However, it appears that the execution petition remained unlisted, subsequent to the drawings of the warrants of possession, which are stated to be unexecutable by the Revenue Officer concerned. Thus, the execution petition became adjourned sine die. The adjourning of the eviction petition sine die, is impermissible under law, as its being regularly listed before the Collector concerned, thus is imperative, hence for ensuring that a close effective monitoring is made over the execution petition. Furthermore, the regular listing of the execution petition, would have also ensured, the undoings of the defects, if any, in the demarcation report, inasmuch as, relating to, as stated before us by the learned State counsel, that along with the demarcation report, the requisite Tatima not being appended, thus, detailing therein the exact portion of the disputed khasra number, whereons, encroachments were made. Therefore, when the above did work as a valid constraint on the revenue officer concerned, to completely enforce the warrants of possession. Therefore, when the above did work as a valid constraint on the revenue officer concerned, to completely enforce the warrants of possession. Necessarily, the Executing Court concerned, was required to be also ensuring the regular listing of the execution petition before it, so that orders for undoing the said defects, are made upon, the revenue officer concerned, whereupon he became incapacitated to enforce the said warrants of possession. Reiteratedly the above, but, has led to an inordinate delay occurring in the completest and efficacious execution, being made of the eviction order (supra). 5. The above, but, earmarks indifference in the discharge of public functions by all the Collectors concerned, and, also prima facie speaks volumes of the negligence on the part of all the Collectors concerned, since the drawings of Annexure P-1, upto this stage. Therefore, apart from a direction being made on the Collector concerned, to ensure that the execution petition, be forthwith displayed in the cause list concerned, and, also a fresh demarcation being ordered to be made, in respect of the petition lands, so as to ensure the makings of a completest execution of the binding order of eviction, thus, against the encroachers on the Panchayats land, concerned, that directions are also required to be made on the Addl. Chief Secretary Revenue, Punjab, that appropriate proceedings in accordance with law be drawn against all the Collectors who remained posted, as such, since the drawing of Annexure P-1 upto this stage. 6. Moreover, the execution petition shall be regularly listed uptil the Collector concerned, makes an objective satisfaction that the verdict of eviction has been completely enforced. He shall not adjourn the eviction petition sine die nor shall he in the warrants of possession omit, to state or specify therein, the dates on which the warrants of possession are to be made returnable. 7. The Addl. Chief Secretary Revenue, Punjab, who has already been directed to make regular monitorings of the execution petitions concerned, which are sub judice before the statutory authorities concerned, though appears to have placed, the relevant statistics before this Court, but, the instant lis is one of those matters, which was required to be attracting, the immediate attention of the Addl. Chief Secretary Revenue, Punjab. It thus appears that the apposite statistics as placed before this Court, by the said officer, may not be carrying an aura of truth. Chief Secretary Revenue, Punjab. It thus appears that the apposite statistics as placed before this Court, by the said officer, may not be carrying an aura of truth. Therefore, he is directed to ensure that if the earlier statistics are untruthful, hence, fix responsibility on all the officers concerned, who purveyed to him incorrect statistics or data in respect of prompt executions being made of binding and conclusive verdicts of eviction, as, made by the statutory authorities concerned. 8. The drawings of actions against the Collectors concerned, though as sated above, is imperative, but since also the Sarpanches/ Panches of the Gram Panchayat concerned, who since the drawing of Annexure P-1, and upto the instant stage, also prima facie appear to connive with the encroachers concerned, thus, they also require that appropriate actions in accordance with law being also drawn against them. Consequently, the Director of the Panchayati Raj, Government of Punjab is directed to ensure that lawful action be drawn against all the Panches and Sarpanches of the Gram Panchayat who functioned, as such, since the drawing of Annexure P-1. 9. Disposed off accordingly.