NARINDER KUMAR GUPTA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Reply by way of affidavit of Gurpal Singh Chahal, Sub Divisional Magistrate, Patiala on behalf of respondent nos. 1 and 2 has been filed in Court today and the same is taken on record.

(2.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 26.09.2011 (Annexure P/6) passed by the Collector, Patiala - respondent No.2 and order dated 22.02.2012 (Annexure P/8) passed by the Deputy Commissioner, Patiala, exercising the powers of Commissioner, Patiala Division, Patiala - respondent no.1. Brief facts of the case are that respondent no.3 Food Corporation of India filed an application for eviction under Sections 3, 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the "Act") for illegal possession of the petitioner over the land consisting of Khewat No. 743/744, Khatoni No. 849/855 bearing khasra No. 120/2 (0-7), 121 (4-1), 124/1/5(2-4), 124/1/6 (1-2), 124/1/1(1-0), 124/1/2(2-0), 124/1/3(1-13), 124/1/4(0-2) Kitte 8 measuring 12 Bighas 9 Biswas situated in village Rasulpur Saidan. The case set up by the petitioner is that land bearing khasra Nos. 122 (6-5) and 123(5-2) has not been acquired by the authorities. The area of khasra no. 120/2 is 4 Bighas 1 Biswa. So far as khasra nos. 122 and 123 are concerned, these are not part of the notification (Annexure R-3/1). Only a part of khasra no. 120/2 i.e. 0 Bigha 7 Biswas has been mentioned in the said notification. It is pleaded by the petitioner that no notice was given before taking possession of khasra no. 120/2 after land acquisition notification.

(3.) Upon notice, respondents appeared and filed written statement taking the plea that the land has been acquired. Part of khasra no. 120/2 has also been acquired. Khasra nos. 122 and 123 are not part of the petition for eviction. The petition was filed qua the land which was acquired by the State of Punjab for respondent no.3. The respondents referred to rapat roznamcha which has been shown in the Court. The entry regarding delivery of possession of the acquired land was made in the revenue record i.e. roznamcha at serial no. 1247 dated 10.06.1982. Meaning thereby that the possession of the acquired land had already been taken by respondent no.3. The Collector in pursuance of evidence available with him had passed the order directing the petitioner to hand over the possession to respondent no.3. Learned counsel for the petitioner further contended that in the eviction petition, khasra nos. 122 and 123 have not been included. Only a part of khasra no. 120/2 i.e. only 7 biswas has been included. The said finding was affirmed by the Deputy Commissioner exercising the powers of Commissioner under the Act. There are concurrent findings recorded by the authorities. This Court has limited right to set aside the order passed by the authorities.