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2023 Supreme(P&H) 1162

SURESHWAR THAKUR, KULDEEP TIWARI
Savita – Appellant
Versus
Deputy Commissioner, Rewari – Respondent


Advocates appeared:
Mr. Chanderhas Yadav, Advocate for the petitioners.
Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.
Mr. Ajay Jain, Advocate for respondents No. 3 to 5.
Mr. N.R.Dahia, Advocate for respondent No. 10.

SURESHWAR THAKUR, J.

1. The instant petition is directed against the concurrently made verdicts of eviction, respectively made by the learned Assistant Collector Ist Grade, Rewari dated 9.9.2013 (Annexure P-10), and, by the learned Collector, Rewari dated 28.4.2015 (Annexure P-12), whereby the alleged encroachment, made by the petitioners herein, upon gair mumkin rasta enclosed in khasra No. 145, thus owned by the Gram Panchayat concerned, rather became declared to be encroached, upon by the petitioners herein.

2. In making the above concurrent verdicts of eviction against the petitioners herein, both the authorities below relied upon the demarcation report, prepared by the revenue officer concerned. However, for the reasons to be assigned hereinafter, the reliance, as made by both the authorities below, upon the report of the demarcating officer concerned, rather is completely inapt.

3. The report of the demarcating officer was extremely relevant, as in the event of its becoming validly drawn, besides in the event of its becoming proven to be drawn strictly in terms of the relevant rules and instructions, thereby reliance on such a demarcation report, was well founded. Moreover, thus

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