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2013 Supreme(P&H) 725

Rajive Bhalla, Rekha Mittal
Naresh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. S P Tyagi, Advocate.
For the Respondent No. 1: M. Randhir Singh, Addl. A G, Haryana.
For the Respondent No. 2:Mr. S P Chahar, Advocate.

JUDGMENT

Mrs. Rekha Mittal, J.:- The petitioner prays for issuance of a writ of certiorari quashing order dated 26.11.2008 (Annexure P1), passed by the Collector, Sonepat, accepting the appeal filed by the Gram Panchayat and thereby ordering his eviction from the land, in dispute, and order dated 18.05.2012 (Annexure P2) passed by the Commissioner, Rohtak Division, Camp at Sonepat, dismissing his appeal.

2. Counsel for the petitioner submits that khasra No. 57 measuring 174 kanals 12 marlas belongs to abadi deh of village Malha Majra, Sonepat. The petitioner is owner in possession of plot No. 97 within the area of abadi deh and has raised construction of his house. He is in possession of the land, in dispute, for the last many years and it does not vest in the Gram Panchayat. The Collector, without a correct appreciation of the matter held in favour of the Gram Panchayat and ordered eviction of the petitioner while accepting the appeal filed by the Gram Panchayat assailing order dated 18.02.2008 passed by the Assistant Collector, Ist Grade, Sonepat, dismissing the application for eviction. It is further argued that the Collector has wrongly recorded a finding that the land, in disp












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