In CWP-8792-2016 (O & M)-PUNJ HC- P&H HC dismisses challenge against Collector’s order whereby eviction petition was decreed in favour of Gram Panchayat as petitioner failed to protest against tenability of demarcation report
Justices Sureshwar Thakur & Kuldeep Tiwari [12-05-2023]

Read Order: Nagender Singh (since deceased) through his LRs. Versus State of Haryana & Others

Tulip Kanth

Chandigarh, May 15, 2023: The Punjab and Haryana High Court has dismissed a writ petition challenging an eviction Order after noting that despite several opportunities granted to the petitioner to produce evidence contrary to the one as comprised against him in the demarcation report, he failed to adduce such evidence.

The factual background of this case was such that the Gram Panchayat Bhonds  in District Gurgaon, through a Panchayat Member  instituted a petition under under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, against a purported encroacher, upon, the panchayat land, one Nagendar Singh. Through a decision made thereon, the Assistant Collector decreed the said petition for eviction.

This decision  resulted in the aggrieved therefrom instituting thereagainst an appeal before the competent Appellate Authority concerned. However, the competent Appellate Authority concerned, through a decision upon, appeal declined the espoused relief to the appellant and affirmed the verdict aswas previously drawn by the Assistant Collector.

The aggrieved Nagender Singh-petitioner herein, preferred a revision petition but the same was declined. This led the petitioner to institute a petition before the High Court.

The petitioner was alleged to raise a house on the disputed land which was evidently owned by the Gram Panchayat. The Orders revealed that the demarcation report was drawn in terms of the relevant rules and instructions.

The Division Bench of  Justice Sureshwar Thakur & Justice Kuldeep Tiwari noted the fact that there were gross abandonments and waivers by the petitioner herein, to adduce evidence, thus, dislodging the worth of the demarcation report, either through his making a protest against its tenability or through his subsequently asking for the summoning of the demarcating officer, so that elicitations are made from him, but suggestive that he has not drawn the same in consonance with the relevant rules and instructions.

As per the Bench, the effect of such waivers and abandonments, wasthat, the petitioner was deemed to have acquiesced to the validity of the drawing of the demarcation report, which became relied upon by the statutory authorities below.

Observing  that the petitioner cannot make any submission, that the concurrently made decrees of eviction against him, are flawed rather on the premise that the relevant demarcation report has not been drawn in consonance with the relevant rules and instructions.

Thus, without finding any merit in the petition, the Bench dismissed the same.