PYARE LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By way of this writ petition, the petitioner prays for the issuance of a writ in the nature of Certiorari, for quashing orders dated 20.7.2004 and 29.10.2001, passed by the Collector, District Jhajjar and the Assistant Collector, 1st Grade, Jhajjar, respectively.

(2.) The petitioner claims to have constructed his house on Plot No.232 in the revenue estate of Village Kheri Khumar, Tehsil and District Jhajjar. The Gram Panchayat, alleging that the petitioner had encroached upon the path duly sanctioned during consolidation, filed a petition, under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act') for ejectment of the petitioner from the encroached part of the path. The learned District Collector, relied upon the path as delimited in the revenue documents and also upon a demarcation report of the Kanungo dated 18.10.2001, to hold that the petitioner was in unauthorized possession of a part of the path. Consequently, the petitioners ejectment was ordered. An appeal filed by the petitioner before the Collector, Jhajjar was dismissed, vide order dated 20.7.2004. The petitioner, thereafter, filed a revision before the Commissioner, Rohtak Range, Rohtak, which was dismissed on 18.12.2004 for want of jurisdiction.

(3.) The sole refrain put forth by petitioner, is that the path, sanctioned during consolidation was not implemented at the site and, therefore, the path as reflected in the Aks Shajra is incorrect. The demarcation report is based upon the Aks Shajra and is, therefore, factually incorrect. It is further contended that the petitioners house is in existence prior to consolidation and, therefore, the learned Courts below erred while holding that the petitioner had encroached upon the path.