IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19936 of 2011 DATE OF DECISION : 21.10.2011 Surmukh Singh and another .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Diwan S. Adhlakha, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL, J. The petitioners have filed the instant petition under Article 226/227 of the Constitution of India for quashing the order dated 1.1.2010 (Annexure P-3), passed by the Commissioner, SAS Nagar, Mohali, whereby the order dated 19.2.2008 (Annexure P-2), passed by the Collector, SAS Nagar has been set aside and the petitioners have been ordered to be evicted from the disputed land. We have heard learned counsel for the petitioners and perused the impugned order. The disputed land is a common well in the village abadi. It is the case of the petitioners that they are owners of the land, which is situated within the abadi of the village. Except the order dated 10.2.2006 (Annexure CWP No. 19936 of 2011 -2- P-4), passed in Criminal Miscellaneous No. 17946-M of 2005, wherein it has been mentioned that in an inquiry conducted by a police official, it was found that the land in question belongs to the petitioners, no evidence has been led by the petitioners to prove that the land is owned by them. Since a finding of fact has been recorded by the Commissioner that the disputed land is underneath the well, which is used for common purpose of the village, we do not find any illegality in the eviction order, passed by the Commissioner. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 21, 2011 ( PARAMJEET SINGH ) ndj JUDGE