ISHWAR SINGH Vs. COMMISSIONER, GURUGRAM DIVISION, GURUGRAM, HARYANA

JUDGEMENT

(1.) The petitioner is before this Court for quashing order dtd. 23/5/2025 (Annexure P-3) whereby the Commissioner, Gurugram Division, Gurugram, held that the disputed land is owned by Gram Panchayat, Dongra Jat and petitioner has occupied the plot No.136 in Khasra No.79//2 Firni by making a house and constructing the stairs in front of the gate measuring 7 square yards.

(2.) Brief facts of the case are that petitioner was held in illegal encroachment on 07 square yards of land by constructing stairs in Plot No.136, Khasra No.79//2 by the Assistant Collector 1st Grade, Kanina, vide order dtd. 21/3/2022, thereby directing him to handover its possession to Gram Pancayat, Daungra Jat after removal of the encroachment. The appeal filed by the petitioner was dismissed by the Collector, Mahendergarh vide order dtd. 27/9/2022. Aggrieved by the aforesaid orders, petitioner preferred a revision before the Commissioner, Gurugram Division, Gurugram, which was also dismissed vide the impugned order dtd. 23/5/2025.

(3.) Learned counsel for the petitioner has argued that petitioner is the sole occupant of Khasra No.136 in the area measuring 1 kanal 4 marla as per jamabandi for the year 2019-2020 wherein he has constructed his house. Before construction, the land was demarcated in the presence of prominent people of the village. The Gram Panchayat, Dongra Jat, Tehsil Kanina, District Mahendergarh has paved the road and constructed drains near the house of the petitioner and installed electric poles for street lights on the spot, making it clear that petitioner is not in illegal possession of the land owned by the Gram Panchayat. However, the Assistant Collector 1st Collector, Kanina, has passed eviction orders against the petitioner on the basis of demarcation report dtd. 26/3/2021, whereas vide demarcation report dtd. 21/3/2023 conducted by Omprakash Mandia, Kanungo (Retd.), petitioner was not found in any illegal possession of the land of Gram Panchayat. Thus, the Assistant Collector 1st Grade, has passed order dtd. 21/3/2022 contrary to the facts.