RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged orders dated 30.03.1998 passed by respondent no.3 and 30.01.2002 passed by respondent no.2 by which they have been ordered to be evicted from the land in dispute under the provisions of the Haryana Public Premises (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the "Act").

(2.) The Sub Divisional Officer, Gohana, Binjhol, WJC Division, Panipat, filed an application on 30.03.1994 against the petitioners under Sections 5 and 7 of the Act for seeking their eviction from the land measuring 30 x 40 sq. feet and 30 x 25 sq. feet respectively comprised in Khewat No.819, Khatauni No.1305, Khasra No.2617, Patti Rajputana, Panipat, measuring 25 Bighas 01 Biaswa.

(3.) In reply, the petitioners disputed the title of the State alleging that the land does not fall within Khasra No.2617 and alleged that they are in possession for the last many years after constructing houses and at that time no objection was raised. It is alleged that the houses are assessed to municipal tax, they got electricity connection and have got issued their voter identity card and ration cards etc. at the address of the houses constructed on the land in dispute. The Collector, Panipat (respondent no.3) concluded that the land belongs to the State of Haryana through Department of Irrigation as per jamabandi for the year 1990-91 over which the petitioners are in unauthorized possession. The petitioners have failed to adduce any proof of their ownership and hence, the order of eviction was passed.