CWP No.23435 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 24.12.2010 Randhir Singh ...Petitioner VERSUS State of Haryana and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Amit Singla, Advocate for the petitioner Mr.RD Sharma, DAG, Haryana Mr.Ramesh Sindhar, Advocate for respondent no.2-Caveator Permod Kohli, J. (Oral) The petitioner was in occupation of land measuring 28 kanals 9 marlas situated in village Uncha Samana Tehsil and District Karnal. Gram Panchayat Uncha Samana initiated proceedings for eviction of the petitioner under the provisions of the Public Premises Act, 1972 before the Collector-cum-Sub Divisional Officer (Civil), Karnal. The petitioner after filing written statement absented and ex parte proceedings were initiated against him. However, the ex-parte proceedings were set aside, but he again absented and again the Collector proceeded ex-parte. The Collector vide his order dated 21.7.1997 passed eviction order and also awarded compensation/penalty for a sum of Rs.90,000/- for unauthorised use/occupation of the land of the Gram Panchayat. The appeal preferred by CWP No.23435 of 2010 2 the petitioner before the Commissioner, Rohtak also came to be dismissed vide order dated 24.7.1998. It seems that the petitioner challenged these orders in civil suit and lost in both the courts and finally RSA No.551 of 2009 was dismissed with liberty to the petitioner to seek any other remedy available vide order dated 29.11.2010 passed by this court. It is under these circumstances that the present writ petition has been filed. Learned counsel for the petitioner submits that the possession of the land has already been taken over by the Panchayat pursuant to the order of eviction passed by the Collector. During the course of the arguments, learned counsel for the petitioner submits that the petitioner being a poor person may be permitted to pay the penalty amount of Rs.90,000/- in instalments. In so far as the challenge to the order of eviction is concerned, no interference is warranted. Writ petition in that respect is dismissed. In so far as the prayer of the petitioner for payment of the amount in instalments is concerned, keeping in view the submissions made and the fact that the petitioner is ready to pay the amount of Rs.90,000/- in four equal quarterly instalments, it is directed that the petitioner shall pay the first instalment by 31st of March, 2011. If the petitioner fails to pay the entire four quarterly instalments in time, respondents shall be at liberty to execute the order of eviction, in accordance with law. (PERMOD KOHLI) JUDGE 24.12. 2010 MFK CWP No.10585 of 2010 3