ALBEL SINGH Vs. GRAM PANCHAYAT OF VILLAGE RAMPURA

JUDGEMENT

(1.) Albel Singh has filed this writ petition under Articles 226 and 227 of the Constitution of India for issuance of a writ of certiorari quashing orders dated 31.5.1976 (Annexure P.3) of the Collector and dated 26.10.1976 (Annexure P.4) of the Commissioner. It has been filed in the following circumstances:-

(2.) In reply to the notice sent by this Court, Gram Panchayat and the Collector have filed their respective written statements controverting the pleas raised in the writ petition.

(3.) It has been argued by the learned counsel for the petitioner that in the notice, copy of which is appended as Annexure P.2 to this writ petition, it was mentioned that the petitioner had encroached upon an area of 50'x2' of the public street by constructing a Chaunkari (slightly raised platform). There is no mention in this notice regarding any encroachment by the petitioner by building a Chhapar on any public premises. He further contended that it has been admitted by Gram Panchayat in the written statement in para No. 1 that the Chaunkari in question has already been demolished. He argued that the order of eviction regarding the Chhapar is wholly without jurisdiction because this is not in consonance with notice Annexure P.2. The petitioner had not been given any opportunity to meet this case. He had not been required to prove that he was not in unauthorised occupation of the land over which the disputed Chhapar had been set up. The averments in the return filed by the Gram Panchayat respondent No. 1 bear out the contention of the learned counsel. It has been very candidly admitted therein that due to an oversight the Collector did not include the encroachment made by the petitioner by constructing a Chhapar on the Panchayat land in the notice given to the petitioner.