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2023 Supreme(P&H) 1710

SURESHWAR THAKUR
Sushil – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Avnish Mittal, Mr. Ankur Mittal AAG, Haryana, Mr. Saurabh Mago DAG, Haryana, Mr. Ajit Singh, Mr. Arun Sharma

Table of Content
1. challenge to eviction orders detailed. (Para 1)
2. arguments based on constructive res-judicata. (Para 2)
3. analysis of land definitions and ownership. (Para 3 , 4)
4. issues of cause of action and previous judgments. (Para 5 , 6)
5. rejection of res-judicata claims. (Para 7 , 8 , 9)
6. observations on appeal rights and order validity. (Para 10 , 11 , 12)
7. petition allowed; previous orders quashed. (Para 13)

Judgment

Mr. Sureshwar Thakur, J. :-

Factual Background.

1. Through the instant petition, a challenge is laid to an order drawn on 25.01.2021 (Annexure P-8), as made by the Assistant Collector, First Grade, Gurugram, and, to the order drawn on 02.05.2022 (Annexure P-12), as made by the learned Collector, Gurugram, besides to the order made on 12.07.2022 (Annexure P-13), by the learned Commissioner, Gurugram, wherethroughs’ the revisionists-petitioners herein, were ordered to be evicted from the petition lands.

Submissions of the learned counsel for the petitioners.

2. The learned counsel appearing for the petitioners for unresting the above drawn orders, has planked his submission on the premise, that since in respect of a controversy, but similar to the one as embod

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