RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting aside order dtd. 18/12/2024, passed by learned Single Bench whereby CWP-32253-2024, filed by present appellants has been dismissed.

(2.) Appellants-writ petitioners filed CWP-32253-2024 for setting aside order dtd. 21/6/2016 (Annexure P-1); ejectment order dtd. 26/7/2016 (Annexure P-2), order dtd. 4/10/2016 (Annexure P-5), passed by Assistant Collector, 1st Grade, Tosham; order dtd. 7/12/2017 (Annexure P-6), passed by Collector, Bhiwani and order dtd. 13/8/2024 (Annexure P-8), passed by Financial Commissioner, Haryana. Appellants sought upholding of order dtd. 3/2/2022 (Annexure P-7) passed by Commissioner Rohtak Division, Rohtak. Eviction of present appellants-writ petitioners, who are tenants under respondent nos. 5 to 7, was sought on account of non-payment of rent/Batai for three crops i.e. Kharif 2013, Rabi 2014 and Kharif 2014. In the application in Form-L filed for their ejectment, present appellants entered appearance. Assistant Collector 1st Grade, Tosham vide order dtd. 24/5/2016 assessed arrears of rent @ Rs.21,427.00 along with interest on arrears and cost of application. Appellants were called upon to deposit total amount of Rs.26,797.00 within a period of 15 days. Admittedly, appellants/writ petitioners did not comply with the said order with subsequent hearings taking place on 7/6/2016 and 8/6/2016. When the matter was listed before the Assistant Collector 1st Grade, Tosham on 21/6/2016 (Annexure P-1) none appeared on behalf of appellants and they were proceeded ex-parte. Ejectment order against appellants was passed on 26/7/2016 (Annexure P-2) on the ground of their failure to pay rent without sufficient cause.

(3.) Application dtd. 26/7/2016 (Annexure P-2) for recalling of ejectment order was dismissed on 4/10/2016 (Annexure P-5). Amount of Rs.26,797.00 was deposited by appellants on 3/10/2016 (Annexure P-4) with the Government Treasury. Appeal filed by appellants challenging orders dtd. 26/7/2016 and 4/10/2016 was dismissed on 7/12/2017 (Annexure P-6) by Collector Bhiwani, however, revision petition filed by them was allowed by Commissioner, Rohtak Division, Rohtak vide order dtd. 3/2/2022 (Annexure P-7). Orders dtd. 4/10/2016 and 7/12/2017, passed by Assistant Collector, 1st Grade, Bhiwani and Collector Bhiwani were set aside.