JUDGMENT :

LAPITA BANERJI, J.

1. The prayer in the present petition filed under Articles 226/227 of the Constitution of India, inter-alia, is for issuance of a writ in the nature of Certiorari for quashing impugned order dated February 24, 2020 (Annexure P-2) passed by the Assistant Collector 1^st Grade-c um-SDO (C), Shahabad-respondent No. 4, order dated September 28, 2022 (Annexure P-4) passed by the Collector, Kurukshetra-respondent No.3 and order dated September 16, 2025 (Annexure P-6) passed by the Commissioner, Ambala Division, Ambala-respondent No.2.

2. The brief facts of the case are as follows:

i) The respondent No.6-Gram Panchayat (GP) filed a petition under Section 7(2) of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter, referred to as “the 1961 Act”) for ejectment of the petitioner from a piece of land admeasuring 06 kanals comprised in Khewat No.178, Khatoni No.268, Khasra No.61 situated in village Bibipur, Hadbast No.272 Block and Tehsil Shahabad, District Kurukshetra.

ii) The Assistant Collector (AC) vide impugned order dated February 24, 2020 held that the disputed land had been recorded as gair mumkin talab/johar in the revenue records and the same was in illegal possession of the petitioner and his brother-Balbir Singh/proforma respondent No.8. Therefore, the petitioner and his brother were directed to be evicted from the disputed land.

iii) In the proceedings under Section 7(2) of the 1961 Act, private respondent No.7-Shish Pal filed an application to be impleaded as party and the same was allowed. It was alleged by the private respondent No.7 that the GP was acting in collusion and conspiracy with the petitioner and his brother and therefore, a spot inspection report should be called for. The said prayer was allowed by the AC and on spot inspection that was done on September 19, 2019 by the Gram Secretary, Gram Panchayat Bibipur, it was found that the petitioner was in illegal possession of 06 kanals of gair mumkin johar land in Khasra No.61 even though vide the demarcation report dated December 11, 2015, the petitioner and his brother were found to be encroaching upon the GP land.

iv) The petitioner being aggrieved by the impugned order passed by the AC, filed an appeal before the Collector, Kurukshetra on March 18, 2020.

v) Vide impugned order dated September 28, 2022, the appeal filed by the petitioner was dismissed by the Collector-respondent No.3 by relying on the demarcation report dated December 11, 2015 which clearly indicated that the petitioner and his brother were in illegal possession of 12 marlas of gair mumkin johar land out of total land of 06 kanals comprising in Khasra no.61. Relying on the entry made in column No.8 of the Jamabandi for the year 2014-15, it was reiterated that since gair mumkin talaab/johar was owned by the GP, the petitioner being an illegal encroacher was lawfully directed to be evicted from the disputed land.

vi) Thereafter, the petitioner filed a revision petition before the Commissioner, Ambala division on or about November 29, 2022 which was dismissed vide impugned order dated September 16, 2025, passed by the Commissioner.

vii) The Commissioner dismissed the revision petition by holding that both the AC and the Collector had passed speaking orders based on records and no valid ground could be urged by the petitioner for interfering with the said orders. Therefore, both the orders were upheld by the Commissioner.

viii) Challenging the impugned orders, the petitioner has filed instant petition.

SUBMISSIONS

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner could not have been evicted solely on the basis of demarcation report dated December 11, 2015 conducted by the local Commissioner on the order of Tehsildar, Shahabad. The aforesaid demarcation was neither done in the presence of petitioner nor the same was ever proved by producing the Kanungo conducting the demarcation, as a witness to the proceedings, depriving the petitioner o