CWP No.10326 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.10326 of 2009 Date of Decision: 14.12.2010 Roop Chand and others .....Petitioners Vs. The Commissioner, Rohtak Division, Rohtak and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. S.P. Chahar,Advocate for the petitioners. Ms. Shruti Jain, AAG, Haryana, for respondents no.1 to 3. Mr. Ajay Nara, Advocate for respondent no.4. .... RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing orders dated 19.12.2008, 29.11.2006 and 28.12.2005, passed by the Commissioner, Rohtak Division (camp at Jhajjar), the Collector, Jhajjar, and the Assistant Collector, Ist Grade, Jhajjar. After addressing arguments for some time, counsel for the parties are in agreement that the petitioners could not be ejected on the basis of the spot inspection report (Annexure P-5), as the report has been carried out without demarcation. It is also agreed that a demarcation report cannot form the sole basis for ejectment of a party, without affording an opportunity to lead evidence against the demarcation report. CWP No.10326 of 2009 2 In view of the statements made by counsel for the parties, the writ petition is allowed, the order dated 19.12.2008 is set aside and the matter is remitted to the Commissioner, Rohtak Division, Rohtak, to decide the matter afresh, after conducting a demarcation of the site and granting an opportunity to the parties to lead evidence. 14.12.2010 (RAJIVE BHALLA) GS JUDGE