JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioners herein pray for the hereinafter extracted reliefs.

"Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a Writ in the nature of Mandamus for seeking action against the respondents for not taking action on the illegal construction being raised upon the Government land bearing No.51/11, 20/1, 20/2, 21 situated in village Para, Tehsil and District Rohtak inspite of the fact that the notices have been issued to the illegal encroachers who have raised construction and forcibly occupied the acquired land in connivance with the officials of the respondents No. 2 and 3 and with a further prayer that the respondents be directed not to protect the illegal encroachers and also to demolish the construction which has been made on the acquired land..."

Sequence of Events.

2. When the instant writ petition was listed for hearing on 28.03.2023, the hereinafter extracted order was passed.

"xxxx In the light of the averments made in the writ petition, let a detailed status report be filed by the Administrator, Rohtak, within a period of six weeks with an advance copy to the counsel for the petitioner.

It should not only highlight the encroachments, if any being made, but should also indicate the steps which have been taken for removal of such encroachments.."

3. In terms of the said passed order, the respondents filed a detailed reply, relevant contents whereof are extracted hereinafter.

3. That the respondents are quite concerned about the removal of encroachment from the HSVP land. Notices under provision of HSVP Act are issued to the encroachers as and when the issue of encroachment came to the knowledge of HSVP. The same practice was followed in case of killa no. 51/11, 20/1, 20/2, 21 situated in village para, Rohtak. The notice under u/s 18 (i) was issued to the encroachers vide dated 05.05.2023. Copy of the said notice is annexed as Annexure R1.

4. That the encroachers namely Mandeep Hooda, Savitri, Shakuntla, Krishna Devi Ahlawat, Surjeet Singh, Neelam Sheokand, Vitender Kumar and Seenu filed civil suits No. 264/2021, 276/2021, 270/2021, 290/2021, 5/2021, 4/2021, 6/2021 and 3/2021 respectively for getting ad-interim injunction restraining HSVP officials from carrying out the adverse proceedings. The Ld. Civil Court vide interim order dated 16.03.2022 granted interim relief to all the plaintiffs restraining HSVP officials from taking any adverse action in furtherance of notices. But later on, vide order dated 13.09.2022 the stay was vacated by the Ld. Civil Court after apprising the Hon'ble Civil Court about the facts regarding the details and position of released land and acquired land by HSVP/State.

5. That to remove the encroachments on the HSVP Land, the District Magistrate, Rohtak was requested by the respondent no. 3 vide memo no. 1540 dated 03.05.2023 (Annexure R-2) for deputing duty magistrate and for providing adequate police force for encroachment removal drive on dated 25.05.2023. But due to some administrative reasons, the duty magistrate and police force could not be provided. Now, again District Magistrate, Rohtak has been requested vide memo no. 2309 dated 27.06.2023 (Annexure R-3) for deputing the Duty Magistrate and adequate police force for maintaining law and order situation during the encroachment removal drive on killa no. 51/11, 20/1, 20/2, 21 scheduled on 07.07.2023 at Sector 6, Rohtak.

6. That it is respectfully submitted that there is no inaction on the part of the respondents in removing the encroachments on HSVP Land as the adequate police force could not be provided by District Administration due to the ongoing G20 Summit. The District Magistrate, Rohtak will be requested again for deputing Duty Magistrate as well as Police Force for encroachment Removal Drive.

4. Further, the hereinafter extracted order was made by this Court on 18.04.2024.

"In response to the order dated 15.04.2024, learned Additional Advoc