KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Under challenge in the present petition filed under Articles 226/227 of Constitution of India, are impugned orders dated January 04, 2019 passed by Assistant Collector First Class, Kanina-respondent No.4 (Annexure P-4), February 24, 2020 passed by the Collector, Mahendergarh, Narnaul- respondent No.3 (Annexure P-6) and October 18, 2024 passed by the Commissioner, Gurugram Division, Gurugram-respondent No.2 (Annexure P-8).

(2.) Vide the impugned orders passed by respondents No.2 to 4 under Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the '1961 Act'), the petitioners were directed to be evicted on the basis of a demarcation report dated December 28, 2017. It is the case of the petitioners that the measurement was done by the authorities concerned by relying on D.G.P.S machine and the calculations arrived at by the authorities were without any application of mind or without being provided any opportunity of hearing vis-a-vis the calculations in Local Commissioner's report. Therefore, the impugned orders should be quashed. The petitioners also prayed for an interim stay against the demolition of their pucca constructed house during the pendency of writ petition.

(3.) The Gram Panchayat Nautana, Tehsil Kanina, District Mahendragarh through the Sarpanch filed application under Sec. 7 of the 1961 Act for eviction of petitioners from the pucca constructed house done on the gair mumkin rasta belonging to the Panchayat.