- (1.) Petitioner is a Gram Panchayat Village Bhadangi and the private-respondent has unauthorisedly occupied the Phirni/Bachat land within Lal dora and put bricks in the street. The Gram Panchayat issued notice under Section 24(2) of the Haryana Panchayati Raj Act, 1994 to respondent No. 4 on 7.12.2010 and thereafter Block Development and Panchayat Officer, Nahar has sent a letter dated 12.1.2011 to the Sub Divisional Officer (Civil) Kosli for providing police help to Gram Panchayat. Even Deputy Commissioner, Rewari sent a letter dated 17.02.2011 to the Superintendent of Police, Rewari to remove unauthorized possession from the Phirni of Gram Panchayat Bhadangi and thereafter the petitioner again submitted a representation but no action has been taken. The petitioner, accordingly, has approached this Court through the present writ petition. Written statement on behalf of respondents No. 1 to 3 is filed by the Block Development and Panchayat Officer, Nahar.
(2.) The facts as pleaded in the petition are not much in dispute. It is, however, stated that the encroachment could not be removed in the absence of demarcation or any ejectment order from any competent Court as otherwise it is not possible to ascertain as to how much area has been encroached. It is stated that the Gram Panchayat should have filed an application under Section 7 of the Punjab Village Common Land Act, 1961 (for short 'the Act') for removal of aforesaid encroachment and in case any encroachment is found, the same shall be removed by following due course of law.
(3.) I find the attitude of the State as escapist. If the Panchayat has approached the official respondent, like Deputy Commissioner, to remove encroachment of Phirni, it was expected from the Deputy Commissioner or the SDO to take appropriate action. If any demarcation was needed, same could have been got done through Tehsildar or other Revenue Officials and for that purpose there may not be a need to file an application under Section 7 of the Act.;