Revisional jurisdiction can only be exercised in eviction matters when a question of title is raised, adhering to statutory provisions.

JUDGMENT :

SURESHWAR THAKUR , J.

1. Through the instant writ petition, the petitioner seeks the quashing of the order dated 5.5.1999 (Annexure P-11) passed by the Commissioner, Hisar Division, Hisar, wherebys through the impugned order (supra) passed on the revision petition filed by respondent No. 6 against the order dated 28.7.1998 passed by the District Collector, Jind, the matter was remanded to the Assistant Collector concerned. The petitioner has further sought a direction upon respondents No. 1 to 5 to remove the alleged encroachment, as made by respondent No. 6, thus through his constructing a house on the public passage comprised in khasra No. 198.

Brief facts of the case

2. It is averred in the instant petition, that the petitioner is the owner and in possession of the agricultural land measuring about 8-9 situated within the revenue estate of village Harnampura, Tehsil Narwana, District Jind, comprised in khewat No. 10, khatauni No. 21, khasra No. 24/4 (0-4), rectangle No. 17, khasra Nos. 2(7-15), 9(8-0), 10(6-8), 11(8-0), 12(8- 0), 19(4-0), 20(8-0), rectangle No. 18, khasra No. 15 (3-4), 16(7-18), 24/2 (0-10), 25/1(1-16), rectangle No. 97 and 102 measuring (0-4) and (0-15), as detailed in the jamabandi for the year 1995-96. During the consolidation of holdings, 11 feet wide passage was provided to the petitioner for ingress and egress purposes in khasra No. 198, khewat No. 158/141-142, khatauni No. 228, measuring 01 kanal 01 marla, which vests in the Gram Panchayat concerned. The petitioner and the other inhabitants of the village, whose lands abuts or fall on the said passage, have been using the said land for ingress and egress purposes.

3. It is further averred that in the year 1993, respondent No. 6- Mukandi had encroached upon a part of the land measuring about one marla i.e. 26 feet x 5½ feet of the said public passage, as comprised in khasra No. 198, by constructing a house over it. The petitioner also requested respondent No. 5 for getting the said encroachment removed, however, it failed to do so. Subsequently, the petitioner filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act of 1961’) seeking removal of encroachment made by respondent No. 6.

4. Initially, on 2.5.1994, the application (supra) was decided by the Assistant Collector concerned, and the same was consigned to the record room. However, an appeal thereagainst became preferred by the petitioner herein, thus before the Collector concerned, who through an order dated 24.10.1994, set aside the order (supra), and, remanded the case to the Assistant Collector concerned, rather for a fresh decision being made thereon, but after getting the demarcations done through an experienced revenue officer, as per the FCR instructions. In compliance of the order (supra), the Assistant Collector concerned, appointed one Ram Dass, Assistant Consolidation Officer (Retired), as Local Commissioner, rather for making the demarcations of the disputed lands. The Local Commissioner concerned, after conducting the demarcation of the petition lands, submitted the detailed report (Annexure P-7).

5. The learned Assistant Collector concerned, on 3.2.1997, after accepting the said demarcation report, ordered for the ejectment of respondent No. 6 from the petition land. However, an appeal became filed thereagainst b