Judgment

Mr. Sureshwar Thakur, J.

CM-20500-CWP-2023

The application is allowed as prayed for. Annexure P-3 is taken on record.

CWP No. 26983 of 2023

1. The present petitioner has moved Annexure P-2 before the Deputy Commissioner, Fazilka, District Fazilka. The subject of the said annexure, is that, certain illegal encroachments become made upon a street occurring within the abadi deh. In the said annexure, they have named the persons, who have made encroachments, upon, the street or a rasta, rather occurring within the abadi deh.

2. The said open place or a passage, existing within the abadi deh, is not contested by the learned counsels appearing, before this Court, to make it thus fall within the definition of shamlat deh. Therefore, if any proven encroachments are made thereons, resultantly through a lawful order, being made by the competent authority concerned, thus the said encroachments, as made upon any passage existing within the abadi deh, rather are required to be removed.

3. Since no action has been drawn on the said annexure, therefore, the learned counsel for the petitioners prays that lawful action be drawn against the errants concerned, by the Deputy Commissioner, Fazilka, t