DHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature of certiorari for quashing the impugned order dtd. 28/1/2021 (Annexure P-7) passed by the learned Commissioner, Hisar Division, Hisar, order dtd. 10/3/2017 (Annexure P-5) passed by the learned Collector, Sirsa and order dtd. 31/3/2015 (Annexure P-3) passed by the learned AC 1st Grade, Ellenabad, whereby eviction order has been passed against the petitioner along with penalty of Rs.5,000.00 per year per acre from the date of the institution of the suit.

(2.) The learned counsel for the petitioner has submitted that the petitioner is in possession of the property for more than 40 years, interlock streets have been constructed in the disputed houses and electricity and water connections have also been given. He has submitted that he is living in the house and the Panchayat has also received the Chulha Tax from the petitioner and, therefore, he cannot be evicted from the house. He further submitted that the learned authorities below have passed the orders erroneously as the petitioner could not have been evicted on the ground of his long possession of the house and that he was not in unauthorised possession of the land in question. He further submitted that nobody had raised any objection when the house was being constructed and there are other houses also being constructed on the land. He further submitted that in view of his long possession the Panchayat land can be sold to the petitioner by taking some price of the said land and, therefore his eviction is illegal.

(3.) We have heard the learned counsel for the petitioner.