SHIV SAHAI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order of the Assistant Collector, First Grade, Narnaul, dated February 25, 1987, whereby the application filed on behalf of Shiv Sahai and others was dismissed and the warrants of possession were issued.

(2.) The Assistant Collector, First Grade, Narnaul has passed the ejectment order on July 11, 1984, against the petitioner. The same was affirmed by the Collector on March 19, 1985. It was held that the petitioner had encroached upon the land of dharamsala to the extent of four marlas. The petitioners filed the Civil suit on September 24, 1985, against the Gram Panchayat and others, the decree holders. Therein, an application for the grant of the ad interim order of injunction was moved, which was dismissed by the trial Court on November 8, 1986. Having failed there, the petitioner judgment debtor moved the application before the Assistant Collector dated February 26, 1987, raising objections to the execution of the ejectment decree, which have been dismissed vide impugned order.

(3.) A preliminary objection has been raised on behalf of the respondents that no revision petition is maintainable against the impugned order as the Assistant Collector is not a Court subordinate to the High Court under Section 115 of the Code of Civil Procedure.