Dalip v. The State Of Haryana

2.1
       

          

   
  

 
     

     

 !"#!

$ $     

$    $  ) *

           $      !(+!++  , - ) .

 / 0 % Relevant extract thereof reads as under:- "

After hearing both parties and examining the documents available on file, as per demarcation report dated 12.10.2017: Over Khasra No.859, on the eastern side 92 feet, western side 85 feet, southern side 16-6 feet, northern side 16-6 feet, a pucca house and boundary wall has been constructed by Shri Hari Singh, measuring 1460 square feet. Over Khasra No.209, on the eastern side 8-6 feet, western side 7-10 feet, southern side 23-6 feet, northern side 28-6 feet, encroachment measuring 228 square feet has been made by Shri Vinod etc. Further, on the eastern side 8-10 feet, western side 8-02 feet, southern side 53-6 feet, northern side 51-6 feet, encroachment measuring 446 square feet has been made by Smt. Manju Devi wife of Shri Harkans. Further, over Khasra No.

209/2/2, on the eastern side 8-9 feet, western side 8-0 feet, southern side 39-6 feet, northern side 39-6 feet, encroachment measuring 349 square feet has been made by Smt. Sunita wife of Shri Inderjit by constructing wall. Further, on the eastern side 9-1 feet, western side 9-6 feet, southern side 55-8 feet, northern side 39-3 feet, encroachment measuring 351 square feet has been made by Smt. Santosh wife of Shri Rajkumar by constructing boundary wall. Apart from this Om Parkash in total, encroachment over 764 square feet has been made.

 As per demarcation report dated 12.10.2017, the abovementioned encroachers are liable to be removed from the encroached land. Accordingly, order is passed to remove the encroachments.

Order pronounced today on 15.01.2020 in open court. Compliance report be placed on record after necessary action."

2.3 Apparently, the aforesaid eviction order dated 15.01.2020 (Annexure P-2) was neither challenged by the petitioner's father nor by his brother, and, to that extent, the said order has attained finality. 3.

& $   $   .

 11  !(+!++ , -   $--  2   3 4

      1   !(+!++ , -   $ 

  $    1

)  3!

4

 

          

     /   0   51  %       

6!+(+!" , -!    %& '("

    !(+!++ , -

    3 4

      2      

     ..

 0  #+(+!(  , -67

  3!+( +3+(+8  ,   -3  -(    -(     )    5    .

%   ) $   

 5.

I have heard learned counsel for the respective parties and perused the paper book with their able assistance. 6.

Evidently, Khasra No.859 is recorded as 'Gair Mumkin Rasta' in the revenue records and an eviction order dated 15.01.2020 (Annexure P-2) already stands passed against the petitioner's father and brother. Apparently, the present writ petition has been filed by the petitioner after a lapse of more than six years from the date of passing of the eviction order (Annexure P-2) and is clearly barred by delay and laches. 7.

  $      !(+!++  , -$       

     

 !"#!7 $    

$9)  '
                 

8+3+8   ,   -'      0    :    !!+#++!  

   $    1   !(+!++ , -  

  " *   6!+(+!" , -!





  $    /  !66   .

 .

       2  
 $

'("$  

 / 0 51 %    )    



   ;

$       $               2   )

$1%& $ 

  $ 5  .

%      
 

 



 !+



   0  #+(+!(  , -6

      

  

88  1 6'6%-!'5 !! 4

     ) <    $   )     )   11  )  1       %& '(" 12.

Keeping in view the aforesaid discussion and upon a perusal of the paper book, it is apparent that the petitioner has filed the present writ petition with an oblique motive to prolong his unauthorized possession over Khasra No.859, which is otherwise recorded as 'Gair Mumkin Rasta' in the revenue records. However, such unauthorized possession cannot be permitted to continue.

13.

     $          *                       %  & $  ) $

 $9 

) 1 $     5    .

 %        )    9         

   ) resorting to police assistance (if required).

14.

All the pending application(s), if any, shall also stand closed. 

   

 

!=91<  > ?<&

=  > ?<&