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SURESHWAR THAKUR, KULDEEP TIWARI
Dilawar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Kuldeep Tiwari, J.
The petitioner has invoked the superintending jurisdiction of this Court as envisaged under Articles 226 and 227 of the Constitution of India for assailing the validity of concurrently made eviction order dated 11.1.2021 (Annexure P-2) passed by the Assistant Collector 1st Grade concerned, order dated 8.12.2022 (Annexure P-4) passed by the learned Collector concerned, whereby the statutory appeal was dismissed vide order dated 30.5.2023 (Annexure P-18) whereby, the statutory revision petition was dismissed by the Divisional Commissioner, Rohtak, and the petitioner has been ordered to be evicted from khasra No.146 which falls within the abadi deh of village Paposa, Tehsil Bawani Khera, Tehsil Bhiwani.
2. Respondent No.5-Nafe Singh filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (hereinafter referred to as 'the Act of 1961') with the allegations that the petitioner and other two persons, namely, Rajbir son of Balwant and Kartar son of Chander Bhan have illegally encroached upon khasra Nos.146 and 250 of abadi deh, as per the demarcation dated 8.5.2017 and report dated 8.
Inapt reliance on a demarcation report due to procedural irregularities and lack of adherence to relevant rules and instructions.
The demarcation report must be proven in accordance with the law, and a valid demarcation of the disputed sites must be conducted.
The court ruled that an eviction petition under the Punjab Village Common Lands Act must be converted into a title suit for valid jurisdiction, invalidating subsequent orders if not.
Failure to challenge and produce evidence against a demarcation report can result in upholding eviction orders.
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