Sohan Lal vs State of Punjab - 2023 Supreme(P&H) 2253

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2253

SURESHWAR THAKUR, KULDEEP TIWARI
Sohan Lal – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
For the Petitioners: None.
For the Respondent: Ms. Monika Jalota, Sr. DAG, Punjab with Ms. Gagandeep Kaur, BDPO Khuian Sarvar.
For the Respondent Nos. 6 and 7:Mr. A.K.Khunger, Advocate.

JUDGMENT

Sureshwar Thakur, J.

Factual Background

The petitioners made a representation, as becomes enclosed in Annexure P-2, to the BDPO Khuhian Sarwar, at Abohar. The above representation was made on 26.11.2021. The representation (Supra), encloses grievances that Jagsir Singh son of Hans Raj and Binder Singh son of Hans Raj, residents of village Kallar Khera, are in illegal possession of panchayat land, and, despite the representations awakening Raj Kumar, Sarpanch of the village (supra), to draw action against the above purported encroachers, upon the panchayat land, yet the Sarpanch concerned, failing to initiate any legal action against the encroachers concerned.

2. It appears that since representation/Annexure P-2 remained unassigned, therefore the petitioners were led to cast the instant petition before this Court.

3. The prayer made in the instant petition, is for a mandamus being issued upon respondent No. 3, to take action and decide representation/Annexure P-2, while initiating action against the pardhan/sarpanch of the Gram Panchayat concerned, under Section 20 of the PUNJAB PANCHAYATI RAJ ACT , 1994, for his derelicting in performing his lawful duties, and or, his fail