- (1.) This writ petition has been filed as Public Interest Litigation seeking appropriate orders from the Court in respect of the alleged encroachments by the respondents No. 7 to 11 and other villagers on a public property which is in the form of a public pond. According to the petitioners, the land in dispute vests in Gram Panchayat and is reserved for the pond but the same has been encroached by the respondents No. 7 to 11 and other villagers.
(2.) The respondents Nos. 1, 2 and 5 have filed their affidavits wherein it has been stated that demarcation of the pond was done on 30.11.2011 and on such demarcation and measurement no encroachment by any private individual has been found. The report of such demarcation is annexed as Annexure R-1 to the reply filed by respondents No. 1 and 2. Furthermore, according to the respondents, the demarcation was done in the presence of petitioner No. 2 who, however, had refused to sign the demarcation report.
(3.) Learned counsel for the petitioners has prayed for sometime to file replication to the replies filed by the respondents in order to controvert the stand taken by the respondents that there is no encroachment.;