VIJAY SINGH Vs. THE COMMISSIONER

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition No. 10179 of 2007 titled as "Vijay Singh v. The Commissioner, Rohtak Division, Rohtak and Others" and Regular Second Appeal No. 3481 of 2009 titled as "Virender Singh and Another v. Raj Singh and Others". To dictate order, the facts are being taken from Civil Writ Petition No. 10179 of 2007. In both these cases, dispute pertains to encroachment upon khasra No. 798 (passage) in village Ladain. As per the facts on record, on this passage, various right-holders have entered into unauthorized occupation. The private respondent, namely Raj Singh filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to State of Haryana) (hereinafter referred to as "the Act") for ejectment of Randhir Singh, Jabar Singh, Surender and Ran Singh from the above said passage. The Collector and the Appellate Authority passed ejectment order against the above said persons. The matter came to this Court in Randhir Singh and Others v. Commissioner, Rohtak Division, Rohtak and Others, (Civil Writ Petition No. 4985 of 1997), which was dismissed vide order dated 27.1.1998. When dismissing that writ petition, this Court opined that unauthorized occupants have been identified as per report made by the Local Commissioner. Taking note of the report of Local Commissioner dated 29.10.1995, it was specifically averred that the land over which construction has been raised by the above said four persons was not part of khasra No. 808 as was projected by them. When dismissing that writ petition, it was clarified that those four persons/petitioners be evicted from portion of the land indicated by the Local Commissioner in his report dated 29.10.1995 which was put on record as Annexure P3 i.e. the portion indicated by letter A, B, E, F in the site plan prepared at the time of spot inspection. Till today, no action has been taken to execute those orders. In the meantime, one Hawa Singh filed an application against petitioner Vijay Singh for his ejectment from the land falling in khasra No. 798 (passage). That application was allowed vide order dated 19.5.2003. The petitioner failed in appeal and revision. A positive finding was given that he was in an unauthorized occupation of part of the above said khasra number.

(2.) When this matter was taken up by this Court on 13.7.2012, taking note of contradictory demarcation reports made by the revenue authorities and also the stand taken by the Block Development and Panchayat Officer, Matanhail, District Jha-jjar in the written statement filed in this case, the following order was passed:-

(3.) Counsel for the petitioner was not satisfied with the demarcation report. Again, this Court, on 2.5.2013, passed the following order:-