CWP No.15754 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15754 of 2010 Date of Decision: 6.9.2010 Sultan Singh .....Petitioner Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. V.K.Jindal, Advocate for the petitioner. .... RAJIVE BHALLA, J The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 29.1.2010 and 25.8.2009, passed by the Commissioner, Hisar Division, Hisar and the Collector, Bhiwani, respectively. The petitioner was ordered to be ejected from land measuring 0 kanal 2 marlas, situated in Khasra No.709, pursuant to an order passed under Section 7 of the Punjab Village Common Lands (Regulation) Act.1961 (hereinafter referred to as `the Act'). The appeal filed by the petitioner was dismissed. The petitioner, thereafter filed objections in the execution petition,which were accepted by the Assistant Collector, Ist Grade, on the basis of a demarcation report. The appeal filed by the private respondent was accepted and the Assistant Collector, Ist Grade was directed CWP No.15754 of 2010 2 to conduct a fresh demarcation in, presence of the parties. The execution petition was thereafter dismissed, on the basis of a demarcation report. The appeal filed by respondent no.4 was allowed and the order rejecting the execution petition was reversed. The petitioner filed an appeal, which was dismissed by the Commissioner, Hisar Division, Hisar. Counsel for the petitioner submits that as the identity of the property has not been established, the order of ejectment cannot be executed against the petitioner. It is further submitted that though orders of ejectment have attained finality, their execution is dependent upon the identity of the property. In the absence of any material to suggest that the petitioner is in unauthorised occupation of any part of Khasra No.709, the impugned orders should be set aside. I have heard counsel for the petitioner and perused the impugned orders. Admittedly, the ejectment order passed against the petitioner has attained finality. The petitioner was held to be in unauthorised possession of a public path, situated in Khasra No.709. The executing court, namely the Assistant Collector, Ist Grade, had no jurisdiction to demarcate the land, as the dispute with respect to the identity of the land stood settled, in the order of ejectment. The Collector and the Commissioner, therefore, rightly directed that orders of ejectment, be executed in accordance with law. In view of what has been stated herein above, the writ petition is dismissed. 6.9.2010 (RAJIVE BHALLA) GS JUDGE