Gram Panchayat Talwandi Purdal and Another Vs State of Punjab and Others

M.M.S. Bedi, J.@mdashPetitioner No. 1 is Gram Panchayat and petitioner No. 2 is son of Sarpanch of Surinder Kaur, representing Gram Panchayat. They have filed this petition for a direction to respondents 1 to 4 to protect their own life and liberty and also the property of the Gram Panchayat from the nefarious activities of the private respondents. The petitioners had on earlier occasion approached this Court for similar directions. The High Court in the exercise of powers under Articles 226/227 of the Constitution of India had issued a direction to the concerned officers to execute the ejectment order against private respondents within four months vide order dated 16.7.2010. The period of four months has not yet expired when a second petition has been filed for protection. The petitioner Gram Panchayat has got a number of statutory remedies available to enforce the rights of the Gram Panchayat qua the property belonging to it. The petitioners do not seem to have submitted any representation to SSP, Kapurthala for taking any action against the private respondents for any cognizable offence having been committed by them. It is deemed appropriate that the petitioners should be given a fair opportunity to first approach the concerned SHO and in case no action is taken by the said officer, then to submit a written complaint to concerned SSP as per the provisions of Section 154(3) Cr.P.C. The petition appears to be pre-mature and is disposed of as such with a direction that in case the petitioners advert to the provisions of Section 154 Cr.P.C. and no action is taken on their complaint disclosing commission of cognizable offence, it will be open to the petitioners to approach this Court again.