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 8.3.2017, which was conducted by the Halqua Patwari concerned. In the application, the petitioner had alleged that his house is situated in the north direction adjacent to the common street of the village and in the east of which there is khasra No.146 of abadi deh owned by the Gram Panchayat concerned, and the petitioner and other respondents therein have illegally encroached upon the said land from the house of the petitioner to the paved road to the east of khasra No.146, thereby from khasra No.146 owned by the Gram Panchayat concerned, upto the house of the petitioner. The petitioner was using this street without any restriction and even the other villagers were also using the said street. It was further alleged in the application that the petitioner had sold his ancestral house which was situated in the lal dora to one Jogender Singh son of Balwant Singh, resident of Paposa in the year 2013 and since then the petitioner had illegally occupied khasra No.146 by constructing a house and enclosure which is shown as 914 square yards in the measurement report and the map. Similarly, other respondents therein have also encroached upon khasra Nos.146 and 250 by raising construction. The learned Assistant Collector 1st Grade concerned, after placing reliance upon the map and the field book of abadi deh which was presented before him by respondent No.5-Nafe Singh and had further concluded that the petitioner and other respondents therein had encroached upon khasra Nos.146 and 250 and ordered for their evictions accordingly.

3. Having aggrieved against the eviction orders (Supra), the petitioner had made an unsuccessful attempt to challenge the illegality of eviction orders by filing a statutory appeal before the learned statutory Appellate Authority concerned. However, the learned statutory Appellate Authority concerned, while extending concurrence to the order (supra) made by the learned Assistant Collector 1st Grade concerned, and also by placing reliance upon the same demarcation report, proceeded to dismiss the appeal vide order dated 8.12.2022 (Annexure P-4). Moreover, subsequent thereto, the revision as filed by the petitioner against the order dated 8.12.2022 before the learned Commissioner concerned, also met the same fate and was dismissed vide order dated 30.5.2023.

4. The learned counsel for the petitioner has submitted that during the pendency of the statutory appeal before the learned Commissioner concerned, a specif