Decided on November 20,2012

Dharmpal Singh And Others Appellant
Harbansh Kaur And Another Respondents


- (1.) It is pertinent to mention that none has turned up on behalf of the private respondent no. 1 Smt. Harbansh Kaur despite sufficient service. Hence, this Court rendered hearing to learned Sr. Counsel for the applicants and learned AGA for the State. Also perused the papers on record.
(2.) It appears that an application was moved by Smt. Harbansh Kaur on 13.5.2002 before the Sub Divisional Magistrate, Khatima, District Udham Singh Nagar with the averments that the applicants petitioners Dharmpal Singh and his sons have encroached the public path located in Khasra No. 4 in village Jarasu Pratapur No. 1, Tehsil Khatima. This public way leads to Khasra No. 3/3 owned by Smt. Harbansh Kaur and has been shown as such in all concerned revenue records. The said public way is adjacent to the Khasra No. 5 owned by Dharmpal Singh. So, Dharmpal Singh and his sons while ploughing his field located in Khasra No. 5 by tractor blades also ploughed the said Khasra No. 4, which was not his agricultural field, but a public land. This deed of Dharmpal Singh hampered the access of Smt. Harbansh way towards her field, this thoroughfare be opened by removing the encroachment of Dharmpal Singh and his sons.
(3.) Learned Sub Divisional Magistrate entertained the petition and called the objections. Dharmpal Singh filed his objections. Sub Divisional Magistrate sent a team of revenue officials comprising Patwari, Revenue Inspector, Nayab Tehsildar and Tehsildar. All of them ratified the allegations made by Smt. Harbansh Kaur. Sub Divisional Magistrate himself also inspected the spot and found the accusations correct after verifying the facts from the revenue records including the land settlement map. So, he passed the impugned order dated 9.8.2005 asking the applicants to remove the encroachment and directed the revenue officials to ensure the compliance of his order.;

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