MANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order of mine shall dispose of Civil Writ Petitions No. 2470, 9521, 9814, 10110 and 17377 of 1999 as in all these petitions the common questions of fact and law are involved. In these petitions, the petitioners have impugned orders passed by the Collector as well as the Commissioner passed under Section 5 of the Haryana Public Premises Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Act'), vide which the petitioners have been ordered to be evicted from the land in question. All these cases were heard together by the Collector and were disposed of vide separate orders on 27.8.1998. For the disposal of the aforesaid petitions, with the consent of the learned counsel for the parties, the facts are taken from C.W.P. No. 9814 of 1999.

(2.) ON 3.11.1997 the State of Haryana through Sub Divisional Officer, Anta Water Services Sub Division, Safidon, District Jind, filed an application under Section 5 of the Act before the Collector, Sub Division, Safidon, for eviction of the petitioners from the land measuring 76 Kanals 15 Marlas situated in village Anta, Tehsil Safidon, District Jind, by alleging therein that the petitioners were in unauthorised occupation of the land in question owned by the State of Haryana, which, according to the provisions of the Act, constitute a public premises. It has been stated in that application that the land in question is owned by the State Government and in the jamabandis for the years 1924-25 to 1994-95, the aforesaid land is recorded under the ownership of provincial Government. It was further alleged that when on 26.9.1997 the spot inspection and demarcation of the aforesaid land was done by the Field Kanungo under the supervision of Tehsildar, Safidon, then it was found that the petitioners have encroached upon the aforesaid land without any right and title, and their possession over the aforesaid land was wholly unauthorised and illegal.

(3.) AFTER reply, both the parties were provided opportunity to lead evidence in support of their claim. On behalf of the respondent-State, the statements of the Sub Divisional Officer, the Field Kanungo and Halqa Patwari were recorded and the jamabandis for the years 1924-25 to 1994-95 were placed on record. On behalf of the petitioners, the statements of witnesses, namely, Manjit Singh and Karambir Singh, were recorded. However, the petitioners did not lead any documentary evidence in support of their claim in spite of several opportunities granted to them.