SURESHWAR THAKUR, J.

1. Status report on affidavit has been filed on behalf of respondents No.1 to 4 by the learned State counsel, and, the same is taken on record.

2. The petitioner has alleged in the petition, that an encroachment, upon, a recorded Gair Mumkin Rasta has been made by one Amolakh Singh, and, by one Jaspal Singh. Even a complaint in the above regard was made to the Competent Authority, whereafter as revealed in paragraph 6 of the reply, on affidavit, furnished to the instant petition, by the respondent-State, an enquiry was conducted by the BDPO Phillaur, for determining the factum of encroachment, if any, as made on the Gair Mumkin Rasta. However, if the enquiry report became founded upon a valid demarcation becoming conducted of the relevant site by the Competent Revenue Officer, thereupon alone it may have some validity.

3. In that regard it it is not clear from a reading of the reply, on affidavit, that in the BDPO Phillaur making a report about the alleged fact, he had depended, upon, a valid demarcation made of the relevant site, rather by the empowered Revenue Officer concerned.

4. In consequence, the decision taken on the complaint by the Competent Authority, is