CWP No.15018 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15018 of 2009 Date of Decision: 8.2.2010 Satpal @ Rajpal .....Petitioner Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Veneet Sharma, Advocate for the petitioner. .... RAJIVE BHALLA, J (Oral) The petitioner prays for the issuance of a writ in the nature of Certiorari for quashing orders dated 9.4.2007, 11.12.2007 and 12.1.2009, ordering and affirming the petitioner's ejectment. On the basis of a demarcation report, disclosing that the petitioner was in unauthorised possession of 31 Sq. Yards of the “phirni” of the Village, the Gram Panchayat filed an application praying for the petitioners ejectment. The petitioner opposed the prayer but did not file any objection to the report. As a consequence, after considering the matter in its entirety, the Assistant Collector, 2nd Grade, Rohtak, directed the petitioner's ejectment. The appeal and the revision filed by the petitioner were dismissed. CWP No.15018 of 2009 2 Contention of counsel for the petitioner that the demarcation report was prepared without grant of an opportunity, would not detract from the validity of the findings recorded by the authorities. The petitioner did not file a reply or lead any evidence but prayed for site inspection. The Assistant Collector visited the spot and found that the petitioner was in unauthorised occupation of the phirni. The petitioner was, thereafter, granted an opportunity to get a demarcation conducted but failed to do so. The phirni is the boundary of the village that demarcates the abadi from the agricultural land and no person may encroach upon the phirni. The argument that there is no evidence on record to suggest that the petitioner is in illegal possession of any portion of the phirni, is belied by the demarcation report dated 3.2.2006. The petitioner, on the other hand, has not produced any material to suggest that the report is incorrect. Dismissed. 8.2.2010 (RAJIVE BHALLA) GS JUDGE