IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.883 of 2010 Date of decision : 09.08.2011 Satyawan @ Satyapal ...Petitioner Versus Commissioner, Gurgaon Division, Gurgaon and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. P.R. Yadav, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana for the State. Mr. Surender Saini, Advocate, for respondent No.4. Mr. R.D. Yadav, Advocate, for respondent Nos.5 & 6. **** RANJIT SINGH J. To ascertain the correct factual position on the basis of submission made before this Court, on 12.07.2011, the Local Commissioner was appointed by this Court to visit the spot and report if the petitioner has encroached any path. Detailed order in this regard is as follows: “ The dispute is only whether the petitioner has encroached upon Khasra No.347/2 or not. It is stated to be a path. Learned counsel for the petitioner has relied upon some demarcation report given by the Tehsildar and accordingly, has prayed that the petitioner has not encroached upon the said land. This fact, however, is Civil Writ Petition No.883 of 2010 -2- seriously disputed by the State as well as the private respondents, who would maintain that the petitioner has been found to have encroached upon the path bearing Khasra No.347/2. In view of this factual controversy, it would be appropriate to appoint some Local Commissioner, who will take the assistance of Revenue Authorities to do a fresh demarcation at the spot to find whether the petitioner has encroached upon Khasra No.347/2 in any manner or not. Mr. Robin Lohan, Advocate, who is present in the Court, is appointed as Local Commissioner to visit the spot and submit his demarcation report to the effect whether the petitioner has encroached upon any path bearing Khasra No.347/2 . The petitioner shall pay the fee of the Local Commissioner as well as the cost of to and fro. The Local Commissioner shall be paid a sum of Rs.10,000/- in addition to the expenses incurred by him in traveling to and fro. The Local Commissioner shall be entitled to take assistance of the Revenue Authorities for this purpose. Copy of this order be served upon the Deputy Commissioner, Rewari to detail a suitable Senior Revenue Officer to assist the Local Commissioner on the date of inspection. The Local Commissioner may visit the spot on 23.7.2011. The cost of the Local Commissioner shall be paid before he departs from this place. Expenses of traveling shall be paid to him by the petitioner on return. Civil Writ Petition No.883 of 2010 -3- Demarcation report be submitted on or before the date fixed.” Report of Local Commissioner has been filed. The Local Commissioner after carrying out the demarcation in the presence of Tehsildar Sh. Dharampal, Kosli and Sh. Ishwar Chand, Field Kanungo and Shri Giriwar Patwari has reported as under:- “ That demarcation of khasra no. 347/2 was carried out with the help of above said revenue officials. First of all, fixed point of Killa no. 22/5 was located and measurement was carried out and it was found that path in front of the house of the petitioner is 22 feet bearing khasra no. 347/2. It has also been found that the house of Satbir Singh son of Sunda Ram has also situated on the other side of the path. According to revenue record, the width of the path is 20 feet and no encroachment was found at the spot on the path bearing khasra no. 347/2 in front of the house of the petitioner.” The Local Commissioner did not find any encroachment in front of the house of the petitioner on the path bearing Khasra No. 347/2. The demarcation was done in the presence of parties. No objection has been filed. Accordingly, the order passed by the revenue Courts against the petitioner cannot be sustained. Consequently, the ejectment of the petitioner as ordered is set aside. The writ petition is, accordingly, allowed. August 09, 2011 (RANJIT SINGH) rts JUDGE