HUKMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner seeks the quashing of the order dtd. 5/5/1999 (Annexure P-11) passed by the Commissioner, Hisar Division, Hisar, wherebys through the impugned order (supra) passed on the revision petition filed by respondent No. 6 against the order dtd. 28/7/1998 passed by the District Collector, Jind, the matter was remanded to the Assistant Collector concerned. The petitioner has further sought a direction upon respondents No. 1 to 5 to remove the alleged encroachment, as made by respondent No. 6, thus through his constructing a house on the public passage comprised in khasra No. 198.

(2.) It is averred in the instant petition, that the petitioner is the owner and in possession of the agricultural land measuring about 8-9 situated within the revenue estate of village Harnampura, Tehsil Narwana, District Jind, comprised in khewat No. 10, khatauni No. 21, khasra No. 24/4 (0-4), rectangle No. 17, khasra Nos. 2(7-15), 9(8-0), 10(6-8), 11(8-0), 12(8-0), 19(4-0), 20(8-0), rectangle No. 18, khasra No. 15 (3-4), 16(7-18), 24/2 (0-10), 25/1(1-16), rectangle No. 97 and 102 measuring (0-4) and (0-15), as detailed in the jamabandi for the year 1995-96. During the consolidation of holdings, 11 feet wide passage was provided to the petitioner for ingress and egress purposes in khasra No. 198, khewat No. 158/141-142, khatauni No. 228, measuring 01 kanal 01 marla, which vests in the Gram Panchayat concerned. The petitioner and the other inhabitants of the village, whose lands abuts or fall on the said passage, have been using the said land for ingress and egress purposes.

(3.) It is further averred that in the year 1993, respondent No. 6- Mukandi had encroached upon a part of the land measuring about one marla i.e. 26 feet x 51/2 feet of the said public passage, as comprised in khasra No. 198, by constructing a house over it. The petitioner also requested respondent No. 5 for getting the said encroachment removed, however, it failed to do so. Subsequently, the petitioner filed an application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961') seeking removal of encroachment made by respondent No. 6.