- (1.) This order shall dispose of Civil Writ Petition Nos. 8202 and 15552 of 2010 as common question of law and fact arises in both these petitions. For the sake of convenience, facts have been taken from C.W.P. No. 8202 of 2010.
(2.) Petitioner is seeking directions to the respondents to permit him construction of shop (Khokha) at Kot Isse Khan, District Moga at the site allotted to him. In the year 1999 Government had decided to permit the shopkeepers who had raised khokhas on the old Civil Hospital Road Kot Isse Khan to raise construction and charge rent. Petitioner has been running a shop after constructing khokha for the last 15-16 years measuring 21'x8' and 26'x16' on the said road. The case of the petitioner was recommended by the Block Development and Panchayat Officer to the Director Rural Development and Panchayat Department Punjab vide letter dated 25.3.2009 (Annexure P1). Thereafter vide order dated 17.6.2009 (Annexure P2) the Executive Officer Panchayat Samiti Dharamkot at Kot Isse Khan informed the petitioner that the Director Village Development and Panchayat Department, Punjab, vide letter dated 25.3.2009 had given sanction and he may construct his shop measuring 21'x8' and 26'x16' at a total area of 584 sq. ft. and deposit the rent in the office of Panchayat Samiti Dharamkot. The boundaries of the shop were defined as, on North Amritsar Road, on South (backside) vacant land of Police Station, on East Shop of Mahender Singh and on West shop of Darshan Singh s/o Harnam Singh, Vill. Fateh Ullah Shah. Agreement was entered between the Government and the petitioner on 12.8.2009 (Annexure P3). When the petitioner started raising construction the Police Station, Kot Isse Khan, raised objections by putting a temporary gate.
(3.) On a representation made by the petitioner to the DGP, Punjab Police, on 10.10.2009 (Annexure P4) the Executive Officer called upon the S.H.O., Kot Isse Khan vide letter dated 16.10.2009 (Annexure P5). Thereafter, an inquiry was held by the Executive Officer, Panchayat Samiti, Kot Isse Khan (Annexure P7). The Deputy Commissioner, Moga, thereafter asked the SDM, Moga, to inspect the spot and remove the illegal encroachment within five days vide letter dated 25.11.2009 (Annexure P8). The petitioner had complied with the terms and conditions of the Agreement of lease dated 12.8.2009 (Annexure P3) and deposited the rent till April 2010. He approached this Court by way of C.W.P. No. 469 of 2010 which was disposed of on a statement made by the S.S.P. on 18.1.2010 by giving the petitioner right to put up construction of the shop free of any obstruction and the official respondents were to remove any obstruction at their own expenses. In case of any difficulty the petitioner was given liberty to approach the S.S.P. Inspite of the above order, the petitioner was not allowed to get the shop constructed by respondent No.3 i.e. S.S.P., Moga.;