IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 21781 of 2011 DATE OF DECISION : 23.11.2011 Tek Chand and others .... PETITIONERS Versus District Collector Mahendergarh at Narnaul and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. P.R. Yadav, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. The petitioners have filed the instant writ petition under Article 226 of the Constitution of India for quashing the order dated 27.11.2002 (Annexure P-1), passed by the Assistant Collector Ist Grade, Mahendergarh, whereby on an application filed by Jai Narayan (respondent No.4) under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act'), the petitioners were ordered to be evicted from a portion of the passage comprised in khasra No. 84, which they have illegally occupied. The petitioners have also challenged the order dated 13.3.2003 (Annexure P-2), whereby the appeal filed by the petitioners against the aforesaid order was dismissed by the Collector, Mahendergarh. CWP No. 21781 of 2011 -2- Though the impugned orders were passed in the year 2002 and 2003, but the petitioners have challenged these orders now in the year 2011, when the Assistant Collector Ist Grade has issued notice dated 15.11.2011 (Annexure P-5) to the Patwari of the village for getting the illegal possession of the land vacated from the petitioners. After hearing learned counsel for the petitioners, we do not find any illegality or perversity in the impugned orders, which have been challenged at this belated stage. Undisputedly, khasra No. 84 is 27.5 feet wide phirni (village circular road). When the petitioners encroached upon part of the passage, the aforesaid eviction application was filed against them. In that proceeding, the passage was got demarcated thrice by the local commissioner on 24.7.1997, 14.5.2000 and 21.7.2002. According to the report of the local commissioner, the petitioners were found in illegal possession of 370 square feet area of khasra No. 84. While relying upon the said report of the local commissioner, the petitioners were ordered to be evicted from the said area. The appeal filed by the petitioners was also dismissed. Now, after more than eight years of the passing of the order in appeal by the Collector, the petitioners have filed this writ petition. The sole contention of learned counsel for the petitioners is that now on the application of the petitioners, the land has again been got demarcated, according to which there is no illegal possession of the petitioners on the said passage, therefore, the impugned order be set aside. This contention, at this stage, cannot be accepted. Firstly, in para 3 of the CWP No. 21781 of 2011 -3- petition, the petitioners themselves have admitted that “on the application of petitioner No.1, a report was submitted by Halqa Girdawar Kanina that the Phirni was complete at the spot and illegal possession to the extent of 2.5 feet was not worth consideration and the same could be due to ignorance.” This fact itself indicates that even as per the recent report dated 13.6.2011 (Annexure P-3), the petitioners are still in illegal occupation of some portion of the phirni/passage of the village. Even otherwise, a finding of fact regarding the illegal encroachment has been recorded by the authorities on the basis of the demarcation report and the same cannot be interfered in the writ jurisdiction. Keeping in view the aforesaid facts, we are not inclined to entertain this petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 23, 2011 ( PARAMJEET SINGH ) ndj JUDGE