Nar Singh And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-11235-2026 (O&M) Date of Decision : 21.05.2026 Nar Singh and Another ... Petitioners

Versus

State of Haryana and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present :

Mr. Pawan Attri, Advocate for the petitioners. Mr. Saurabh Mago, DAG Haryana for respondent Nos.1, 3 to 5. Mr. Shailender Singh Gill, Advocate for respondent No.2. ALKA SARIN, J. (Oral) 1.

Challenge in the present writ petition is to order dated 07.03.2022 (Annexure P-2) whereby the petitioners herein have been directed to be evicted from 03 Kanals and 04 Marlas of land situated in Khasra No.3441, Khewat No.1129, Khatauni No.1365 in Village Thol and were directed to hand over vacant possession of the land.

2.

Learned counsel for the petitioners has contended that the petition under Section 7(2) of the Haryana Village Common Lands (Regulation) Act, 1961 (for short 'Act of 1961') was filed by respondent No.2Gram Panchayat for eviction of the petitioners from land measuring 04 Marlas comprised in Khasra No.3441, Khewat No.1129, Khatauni No.1365 as depicted in the Jamabandi for the year 2015-16. It was stated in para 2 of the

CWP-11235-2026 -2petition under Section 7 of the Act of 1961 that the petitioners herein, who were respondent Nos.1 and 2 in the petition under Section 7 of the Act of 1961, had illegally occupied 04 Marlas of land and have constructed houses and boundary walls and were thus in illegal possession. The said petition was disposed off vide order dated 07.03.2022 (Annexure P-2) by the Assistant Collector Ist Class, Pehowa wherein eviction was ordered from 03 Kanals and 04 Marlas of land instead of 04 Marlas of land. Aggrieved by the same, a revision petition was preferred by the petitioners herein, which was also dismissed vide order dated 04.02.2026 passed by the Commissioner. 3.

Notice of motion.

4.

Mr. Saurabh Mago, DAG Haryana accepts notice on behalf of respondent Nos.1, 3 to 5 while Mr. Shailender Singh Gill, Advocate accepts notice on behalf of respondent No.2-Gram Panchayat and has filed his vakalatnama, which is taken on record. Registry to scan the same and tag at the appropriate place.

5.

Learned counsel for respondent No.2-Gram Panchayat has conceded that the petition for eviction was filed only for 04 Marlas of land and therefore it appears to be a typographical mistake in the order dated 07.03.2022 passed by the Assistant Collector Ist Grade, Pehowa and upheld by the Commissioner vide order dated 04.02.2026. Learned counsel for respondent No.2-Gram Panchayat has further stated that the Gram Panchayat has no objection if the order dated 07.03.2022 (Annexure P-2) is modified to the extent that eviction of the petitioners is ordered from 04 Marlas of land instead of 03 Kanals and 04 Marlas of land.

6.

In view of the statement made by learned counsel for respondent No.2-Gram Panchayat, impugned order dated 07.03.2022 stands modified to

CWP-11235-2026 -3the extent that eviction of the petitioners is upheld, however, only from 04 Marlas of land comprised in Khasra No.3441, Khewat No.1129, Khatauni No.1365 in Village Thol as was stated in the petition under Section 7 of the Act of 1961.

7.

In view of the above, the present petition is disposed off. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) JUDGE ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 21.05.2026 jk