LAWS(P&H)-2012-8-107

STATE OF HARYANA Vs. ISHWAR SINGH

Decided On August 24, 2012
State of Haryana and Another Appellant
V/S
ISHWAR SINGH Respondents

JUDGEMENT

(1.) State of Haryana through Executive Engineer, Hansi, Water Service Division, Hansi, has filed this writ petition to impugn the order passed by S.D.O. (Civil), Hansi, whereby the application for recovery of Rs. 65,925-51P on account of unauthorised use and occupation and damages under Section 7(2) of the Haryana Public Premises Land Eviction and Rent Recovery Act was rejected by the SDO against which the Commissioner has rejected the appeal.

(2.) Government land measuring 2.3 acres situated in village Petwar, Tehsil Narnaund, District Hisar, was auctioned on lease to respondent, Ishwar Singh by Irrigation Department, Haryana, for a period of one year (1988-89). Respondent allegedly did not vacate this land after expiry of his lease period till 1995. The Department had fixed the date for auction of the land for all these years but nobody came forward to bid for the same as the land was in unauthorized possession of the respondent.

(3.) On 14.12.1992, the respondent was issued a notice to vacate the land but he did not do so. Finally, he handed over the possession of the land to the Department on 3.6.1995.