The Punjab and Haryana High Court has sought explanation from the Fatehgarh Sahib Deputy Commissioner on legal impediment in enforcing an order passed by an executing court in a case related to alleged raising of construction on a public path.
The direction by the Bench of Justice Jaswant Singh and Justice Sant Parkash came on a petition filed against the State of Punjab and other respondents by Bir Devinder Singh and other petitioners through counsel Dinesh Sharma. The petitioners were seeking directions to the respondents for maintaining status quo over the public path. Directions were also sought for restraining “private respondents” from raising construction on the path.
Taking up the matter, the Bench observed the prayer in the writ petition was for directing the District Administration to remove all types of encroachment by the “private respondents” on the public path situated within the ‘abadhi deh’ of Ghumandgarh village in Bassi Pathanan tehsil in Fatehgarh Sahib district in compliance with directions passed by the competent authority duly upheld up to the Supreme Court.
The Bench observed the executing court had also directed the removal of encroachments. But these were still in existence. In fact, further encroachments were allowed to be made. The Bench added reply had not been filed till date on behalf of some official respondents and the “private respondents”.
Fixing the matter for February 25, the Bench asserted: “Let the Deputy Commissioner, Fatehgarh Sahib, explain the legal impediment in enforcing the order passed by the Executing Court”.