IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14190 of 2010 Date of decision: 01.02.2011 Balbir Singh and others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. Sandeep K. Sharma, Advocate, for the petitioners. Ms. Shruti Jain, AAG, Haryana for the State. **** RANJIT SINGH, J. This writ petition is filed seeking writ of certiorari for quashing of impugned order dated 27.04.2010 (Annexure P-8) passed by the Collector, Gurgaon on a petition under Sections 5, 5A and 5B of Haryana Public Premises and Land Eviction Act, 1972 (hereinafter referred to as 'Act'). This order has been passed pursuant to the notices issued on 29.01.2009/03.02.2009 (Annexure P-5) and 07.12.2009 (Annexure P-6). The grievance of the petitioners is that they are in possession of shops and houses situated in Lal Dora/Abadi of village Badshahpur, Tehsil and District Gurgaon. These shops and houses are abutting the road going from Gurgaon to Alwar. The petitioners would base their claim on the basis of conveyance deed showing that they had purchased this property as evacuee property. The petitioners received notices alleging that they have constructed the houses and shops on Government land. When asked to vacate the same within 7 days they filed a civil suit before Civil Judge, Junior Division, Gurgaon and then the petitioners received another notices under Section 5 A (b). The Civil Writ Petition No. 14190 of 2010 -2- petition under Sections 5, 5A and 5B of the Act was filed in the Court of Sub Divisional Magistrate, Gurgaon. The Collector while adjudicating the petition has now ordered the site to be demarcated in presence of both the parties, as per the rules and then to remove the encroachment. Alleging that the petitioners had constructed the shops and houses 45 years ago and they are owner of these shops and houses, they approached this Court with a grievance that the respondents are going to evict them without following due process of law and without giving them adequate opportunity in this regard. Reference is made to some similar writ petition filed by other petitioners. In the reply filed, it is stated that the Collector has already taken action to direct demarcation of the land and the petitioners would be evicted if need be after following the process of law. The demarcation of the land should be done after adopting due procedure and should also see if there is any encroachment or not. The petitioners would be at liberty to show that they had not encroached any land and have constructed their houses and shops on the land which is in their ownership. The petitioners has since been issued notice for demarcation. The present writ petition is disposed of at this stage for the petitioners to raise all the pleas before the respondents. If the petitioners are aggrieved against any order passed after demarcation of the land and are ordered to be evicted from the property, they would be at liberty to take any action in accordance with law. February 01, 2011 (RANJIT SINGH ) rts JUDGE