SHISHPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 22.06.2007 (Annexure P/4) passed by respondent No. 2 - Commissioner, Rohtak Division, Rohtak and further proceedings undertaken by respondent No. 3-Collector, Karnal, in pursuance of that, being illegal and against the spirit of order dated 23.03.1989 (Annexure P/1). Brief facts of the case are that in the year 1962, the State of Haryana acquired 88 kanals 4 marlas of land for setting up a brick kiln for alignment of Nardak Water Supply Canal, Karnal. Out of 88 kanals 4 marlas acquired land, the petitioner along with his father was owner of 56 kanals 16 marlas. In the year 1976, 45 kanals 18 marlas more land of the petitioner was acquired for the purpose of brick kiln for alignment of SYL Canal. The brick kiln was installed in that place. After the purpose was achieved, land measuring 48 kanals 18 marlas was returned to the petitioner and his family members. On the same analogy, the petitioner and his family members sought to receive back the land which was subject matter of 1962 acquisition. The prayer was not accepted. Ultimately, ejectment orders were passed against the petitioner.

(2.) The State of Haryana filed, ejectment application under Section 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1973 for eviction of the petitioner from land measuring 88 kanals 4 marlas situated in Village Naraina, Tehsil Nilokheri, District Karnal. Since, the land was brick kiln and it was the property of the State Government, as a result of it, the eviction order was passed against the petitioner. After hearing the parties, the Collector vide order dated 23.03.1989 (Annexure P/1) passed the following order:-

(3.) Thereafter, an appeal was filed by Smt. Har Piari against the order of the Collector dated 23.03.1989 before the Commissioner. The Commissioner passed order dated 18.07.1991 against Smt. Har Piari. Smt. Har Piari deposited Rs. 10,000/- out of the total amount of Rs. 19,316/-. In the meantime, Smt. Har Piari died on 28.07.1993. Thereafter, another application under Sections 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (wrongly described in the application and elsewhere) was filed by the State Government on 17.03.2003 (Annexure P2). The said application was rejected by the Collector vide order dated 30.01.2006 (Annexure P/3). Aggrieved against the said order, the State of Haryana preferred an appeal before the Commissioner and the Commissioner vide order dated 22.06.2007 (Annexure P/4) remanded the case to the Collector with the direction that he would issue show cause notice to the present petitioner under Section 7 of the said Act and decide the quantum of penalty/charges accordingly. Hence, this writ petition.