CWP No.21611 of 2021 (O&M) 1

(116)

(Proceedings through V.C.)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP No.21611 of 2021 (O&M)

Date of Decision: 26.10.2021

Raghubir and another

...Petitioners

Versus

Collector District Rewari and others

... Respondents

CORAM:- HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present:

Mr.P.R.Yadav, Advocate for the petitioners

Mr.Raman Sharma, Addl.A.G., Haryana

ASHOK KUMAR VERMA, J.

1.

The petitioners have approached this Court through this petition

invoking extraordinary writ jurisdiction under Articles 226 of the

Constitution of India Challenging the orders dated 17.03.2020 (Annexure P-

9) passed by the Assistant Collector, 1st Grade Kosli allowing the

application made by respondent no.4 under Section 7 of the Punjab Village

Common Land (Regulation) Act 1961 (as applicable to the State of Haryana)

(for short,” the Act of 1961”) and the order dated 14.09.2021

(Annexure P-11) passed by Collector, District Rewari dismissing appeal

filed against the order dated 17.03.2020 whereby the illegal constructions

made by the petitioners alongwith proforma respondents have been directed

to be demolished by clearing the passage and the possession has been

MD FIROZ KHAN

2021.11.02 16:01

I attest to the accuracy and

integrity of this document

CWP No.21611 of 2021 (O&M) 2

directed to be handed over to respondent no.3- Gram Panchayat, Daroli, Sub

Tehsil Dahina, District Rewari

2.

A gamut of facts as culled out from the paper-book is that

respondent No.4-Smt.Kaushalya filed an application under Section 7 of the

Act of 1961 wherein respondent no.3-Gram Panchayat, Daroli has been said

to be the owner in possession one Kitta Rasta comprised in Khewat No.254,

Khatoni No.351 measuring 7 Marla Gair Mumkin Rasta Sare-Aam situated

in Village Sub Tehsil Dahina, District Rewari, in view of jamabandi for the

year 2012-13. Respondent No.4 further averred that the petitioners

alongwith proforma respondents No.5 to 7 have been in illegal possession of

the aforesaid rasta by raising constructions over it and they have blocked it

for which a demarcation through a Local Commission was done at the spot

on 14.10.2018, according to which they have been found to be in illegal

possession by encroaching upon the land of the Gram Panchayat thereby

raising boundary walls. The said application was allowed vide order dated

17.03.2020 (Annexure P-9) passed by the Assistant Collector 1^st Grade,

Kosli and the illegal constructions raised by the petitioners alongwith

proforma respondents No.5 to 7 were directed to be demolished and the

passage was directed to be got cleared. It has also been directed that in case

the respondents do not hand over the possession to the Gram Panchayat

within 30 days, then with the help of the police the possession of the

disputed land be taken and be handed over to the Gram Panchayat.

3.

Aggrieved against the aforesaid order the petitioners alongwith

proforma respondents No.6 and 7 filed appeal before Collector, District

Rewari which has also been dismissed vide order dated 14.09.2021

MD FIROZ KHAN

2021.11.02 16:01

I attest to the accuracy and

integrity of this document

CWP No.21611 of 2021 (O&M) 3

(Annexure P-11). Hence, the petitioners approached this Court against the

aforesaid impugned orders (Annexures P-9 and P-11).

4.

Learned counsel for the petitioners, inter alia, submits that the

action of the official respondents is illegal, without jurisdiction and against

the principle of natural justice. Learned counsel submits that the petitioners

have been condem