CWP No.15808 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15808 of 2008 Date of decision:04.08.2010 Dhir Singh ...... Petitioner VERSUS State of Haryana through its Commissioner and Secretary, Consolidation Department, Haryana Civil Secretariat, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.M.L.Sharma, Advocate for the petitioner. Ms.Shruti Jain, AAG, Haryana for respondents no.1 to 7. Mr.Tribhuwan Dahiya, Advocate for respondent no.9. Mr.Vikram Singh, Advocate for respondent no.10. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 30.07.2008, passed by the Collector, Sonepat, ordering a fresh demarcation, during the pendency of an appeal, filed by the petitioner. Counsel for the petitioner submits that while ordering a fresh demarcation, the Collector, should have also granted the petitioner an opportunity to file objections to the demarcation report. It is further submitted that as two demarcation reports are already available on record, the Collector, should be directed to consider these reports before deciding the appeal. Counsel for the respondents submit that as the petitioner is an unauthorised occupant of Panchayat property, the Collector, rightly ordered CWP No.15808 of 2008 -2- a fresh demarcation, to set at rest the controversy as the two demarcation reports available on record, are contradictory. I have heard counsel for the parties, perused the impugned orders and find no reason to interfere. The Collector, has passed an order directing the Tehsildar, Sonepat, to prepare a new demarcation report. The discretion exercised by the Collector, cannot be faulted. However, while directing as above, the Collector, should have granted liberty to the parties to file objections. In this view of the matter, while affirming the order dated 30.07.2008, the writ petition is disposed of with a direction to the Collector, Sonepat, that after receipt of the report from the Tehsildar, Sonepat and before deciding the appeal, he shall grant an opportunity to the parties to file objections to the demarcation report. In addition, while deciding the appeal, the Collector, shall consider the two demarcation reports that are already on record. 04.08.2010 [RAJIVE BHALLA] shamsher JUDGE