IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17010 of 2011 DATE OF DECISION : 13.09.2011 Biru Ram .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE M. JEYAPAUL Present: Mr. Jarnail Singh Saneta, Advocate, for Mr. Vinod Bhardwaj, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) Petitioner Biru Ram has filed this petition under Article 226/227 of the Constitution of India for quashing the order dated 21.10.2008 (Annexure P-1), passed by the Assistant Collector Ist Grade, Kaithal, on an application filed by the Gram Panchayat, village Majra Nand Karan, District Kaithal (respondent No.6 herein) under Section 7 (2) of the Punjab Village Common lands (Regulation) Act, 1961, ordering the eviction of the petitioner from the passage in question, as well as the order dated 30.11.2010 (Annexure P-2), passed by the Collector, Kaithal, affirming the aforesaid order in appeal filed by the petitioner. We have heard learned counsel for the petitioner and have gone CWP No. 17010 of 2011 -2- through the impugned orders. It has been held by both the authorities under the Act that by making encroachment in the public passage, the petitioner has created bottleneck, which makes difficult for the inhabitants of the village for passing their tractor-trolley and bull-carts through the said passage/street. The finding that the petitioner has encroached upon part of the passage is based upon two demarcation reports as well as the spot inspection made by the Assistant Collector Ist Grade. Learned counsel for the petitioner could not point out any illegality or perversity in the aforesaid finding of fact. We are of the opinion that both the authorities have recorded a finding of fact with regard to the encroachment made by the petitioner on part of the passage, which cannot be interfered in the writ jurisdiction. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 13, 2011 ( M. JEYAPAUL ) ndj JUDGE