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124

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-14523-2026 (O&M)

Reserved on : 11.05.2026

Pronounced on : 18.05.2026

Judgment uploaded on : 18.05.2026

Whether only the operative part of the judgment is pronounced or whether the

full judgment is pronounced: Full

Aravali Public School ....Petitioner

VERSUS

State of Haryana and Others ....Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

HON’BLE MR. JUSTICE RAMESH CHANDER DIMRI

Present : Mr. Divyam Singh, Advocate and

Mr. Ashish Gupta, Advocate for the petitioner.

Mr. Saurabh Mago, DAG Haryana.

ALKA SARIN, J.

1. Present petition has been filed challenging the orders dated

19.11.2025 (Annexure P-9), 17.09.2025 (Annexure P-8), 02.07.2025

(Annexure P-6), 08.05.2025 (Annexure P-4) and 03.12.2024 (Annexure P-2).

2. The brief facts relevant to the present lis are that the Gram

Panchayat Ferozepur Jhirka Majra Thekri and Gyaniwas, Block Ferozepur

Jhirka, District Nuh through its Sarpanch filed an application under Section 7

of the Punjab Village Common Lands (Regulation) Act, 1961( hereinafter

referred to as the Act of 1961) for eviction of the petitioner-School herein on

the ground that the petitioner-School was in unauthorized occupation of the

JITENDER KUMAR

2026.05.18 17:09

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

CWP-14523-2026 -2-

Rasta falling in Khewat No.1901, Khatauni No.2125, Khasra No.621 total

measuring 21 Kanals 05 Marlas. It was noticed in the order dated 18.11.2020

(Annexure P-1) that road No.621 passes through the boundary wall of the

petitioner-School and joins Delhi-Alwar highway. Referring to some alternate

routes, the Collector disposed off the application directing the Gram

Panchayat Dhamala to make a case as per rules in this regard and send to the

Director, Panchayat.

3. On 01.05.2024 a petition was filed by one Rasid under Section 7

of the Act of 1961 against the petitioner-School and respondent No.5 herein

stating therein that the petitioner-School had built the boundary wall of the

School on an area of 03 Kanals 04 Marlas on the northern side of Khasra

No.621 Gair Mumkin Rasta. Vide order dated 03.12.2024 (Annexure P-2) the

Assistant Collector Ist Grade, Ferozepur Jhirka, relying on the demarcation

report and the spot inspection carried out by the Assistant Collector Ist Grade

himself, held that the petitioner-School herein had occupied land of the Gram

Panchayat by making permanent construction on an area of 03 Kanals 04

Marlas and therefore ordered the eviction of the petitioner-School. Aggrieved

by the same, an appeal was preferred. The said appeal was dismissed in default

vide order dated 08.05.2025 (Annexure P-4) which reads as under :

“File presented. Case called. No one came present on

behalf of appellant. Case has been called several time and

court time is also going to over but no one has come

present on behalf of appellant. Earlier the appellant did

not appear on 28.01.2025, 18.02.2024, dated 18.03.2025,

dated 17.04.2025 and today also on 08.05.2025. From this

it is clear that appellant did not want to pursue his case.

Hence this case of the appellant is dismissed in default.

JITENDER KUMAR

2026.05.18 17:09

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

CWP-14523-2026 -3-

Lower court is directed that he in compliance of its order

dated 03.12.2024 remove the illegal possession of the

appellant from the land in dispute within 15 days and

report be sent to this office. Order pronounced in open

court. File be consigned to the record room after its

compliance.”

4. An application was filed for restoration of the appeal on

13.06.2025, which was sent to the Court by post and was received on

20.06.2025. It was stated in the application that since the counsel was busy in

a matter before the District and Sessions Court, Nuh and the petitioner himself

i.e. Director of the petitioner-School was busy otherwise, none appeared. The

said application was dismissed vide order dated 02.07.2025 (Annexure P-6)

on the ground that the same