LAWS(P&H)-2011-8-505

PRITAM KAUR AND ORS Vs. COMMISSIONER, ROHTAK

Decided On August 09, 2011
PRITAM KAUR AND ORS Appellant
V/S
Commissioner, Rohtak Respondents

JUDGEMENT

(1.) Nine petitions from Sr. No.1 to 9 are filed by the occupants challenging the orders passed by SDO (Civil)-cum-Collector dated 20.3.2009 and passed by learned Divisional Commissioner, Rohtak, dated 6.5.2010 directing the eviction of the petitioners under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act. Other nine petitions from Sr. No.10 to 18 are filed by the State against the same orders for not granting damages/penalty for unauthorized occupation.

(2.) Since in all the petitions common/identical questions of facts and law are involved, therefore, all the petitions are being decided together.

(3.) For the sake of brevity, facts of Writ Petition No.18651 of 2010 are being taken as a leading case to understand the controversy. Petitioner has invoked the extraordinary/supervisory jurisdiction of this Court under Article 226/227 of the Constitution of India assailing order dated 20.3.2009 passed by learned Collector as well as order dated 6.5.2010 passed by Commissioner, Rohtak Division, Rohtak, Haryana, thereby directing the ejectment of the petitioners herein from the land in dispute of khasra No.1636/1 exercising the powers under Haryana Public Premises and Land (Eviction & Rent Recovery) Act, 1972 (in short 'P.P. Act').