JAGROOP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this writ petition, petitioner has challenged order dated 30.04.2012 (Annexure P-5), passed by the Court of Collector, Sub-Division Joginder Nagar, District Mandi, HP, in case No. 36, titled as Assistant Engineer H.P.P.W.D. Sub Division No. II, Joginder Nagar versus Sh. Jagroop Singh, under the provisions of H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971, vide which, said authority has held that petitioner is in unauthorized occupation of public premises, subject matter of the said proceedings and has ordered the petitioner to vacate the same within a period of 30 days, as also order dated 06.05.2014 (Annexure P-8), vide which, appeal filed by the petitioner against the order passed by the Collector, Sub Division, Joginder Nagar, was dismissed by the learned Appellate Authority, i.e. Divisional Commissioner, Mandi Division.

(2.) Brief facts necessary for adjudication of the present petition are that proceedings were initiated against the petitioner under Section 4(1) of the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (hereinafter referred to as the 'Act') to the effect that petitioner had encroached upon the government land comprised in khasra No. 1003/9, area measuring 7-2 Sq. Yards at RD No. 0/120 to 0/195 in Muhal Joginder Nagar/396 in Tehsil Joginder Nagar on Joginder Nagar-Sarkaghat-Ghumarwin road by constructing a house. Petitioner responded to the proceedings so initiated under the Act by taking the stand that he has not encroached upon the government land and, in fact, had constructed the house on his own land.

(3.) On the basis of demarcation, which was conducted, petitioner was found to have had encroached upon the government land and accordingly vide Annexure P-5, Collector Sub Division Joginder Nagar ordered the eviction of the petitioner from the public premises.