IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 22464 of 2011 DATE OF DECISION : 05.12.2011 Menpal .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Satish Garg, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) Petitioner Menpal has filed the instant writ petition under Article 226/227 of the Constitution of India for quashing the order dated 23.2.2011 (Annexure P-6), passed by the Assistant Collector Ist Grade, Hisar (respondent No.4 herein), whereby on an application filed by Surat Singh (respondent No.5 herein) under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana), the petitioner was ordered to be evicted from part of the public street, which he has illegally encroached upon; as well as the orders dated 31.5.2011 and 13.9.2011 (Annexures P-8 and P-9), passed by the Collector, Hisar; and the Commissioner, Hisar Division, Hisar (respondents No.3 and 2 herein), respectively, whereby the appeal and the revision petition filed by the CWP No. 22464 of 2011 -2- petitioner against the aforesaid order have been dismissed. We have heard learned counsel for the petitioner and gone through the impugned orders. It has not been disputed that Khasra No. 549 is a public street. It has been alleged by respondent No.5 that the petitioner has encroached upon the said public passage. The Assistant Collector Ist Grade appointed the Local Commissioner to demarcate the said passage. The demarcation was conducted on 16.8.2003 and in the said demarcation, the petitioner was found to have encroached upon part of the above said passage. The petitioner objected to the said demarcation on the ground that it was conducted in his absence. Thereafter, the Collector again got the said passage demarcated from Naib Tehsildar (Civil) Hisar, who conducted fresh demarcation on 25.12.2009 in the presence of both the parties. In the said demarcation, the petitioner was again found to be in illegal possession of the part of the aforesaid khasra number, which is a public passage. On the basis of the said demarcation report, after hearing both the parties, the Assistant Collector Ist Grade ordered eviction of the petitioner from the encroached portion of the public street. The said order has been upheld in appeal and the by the Collector and the Commissioner. Learned counsel for the petitioner argued that the demarcation conducted by Naib Tehsildar (Civil), Hisar, is not correct and is not in accordance with the factual position at the spot. According to him, no encroachment has been made by the petitioner on the public passage bearing CWP No. 22464 of 2011 -3- khasra No. 549 and actually, the said passage is clear at the spot. After hearing leaned counsel for the petitioner, we cannot accept the aforesaid contention. Both the authorities under the Act, on the basis of the demarcation report conducted by a senior revenue officer in the presence of both the parties, have clearly found that the petitioner has encroached upon the aforesaid passage. The said finding of fact cannot be interfered in the writ jurisdiction. Thus, there is no merit in the instant petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE December 05, 2011 ( PARAMJEET SINGH ) ndj JUDGE