JAI KISHAN Vs. DISTRICT COLLECTOR, FARIDABAD

JUDGEMENT

(1.) Jai Kishan through present petition filed by him under Article 226 of the Constitution of India seeks a writ in the nature of Certiorari so as to quash orders Annexures P-1 and P-2 passed by the Assistant Collector and Collector dated 12.9.1993 and 26.10.1993 respectively, vide which the petitioner has been ordered to be evicted from the periphery land that was in his authorised occupation.

(2.) There is no need at all to give detailed facts of this case as the only contention of Mr. Jain at the time of arguments in that whereas with regard to one person namely Bhully, the authorities have recommended regularisation of his unauthorised occupation, in the case of the petitioner eviction has been ordered, thus, treating two similarly situate persons in a different way. In the context of the facts of this case, however, there is no merit in the solitary contention of the learned Counsel representing the petitioner. It is apparent from the two orders, one in case of the petitioner and the other in case of Bhully that, whereas no land of the petitioner had come under the road constructed by the P.W.D. Bhully's land had been taken then the P.W.D. had constructed the road. It is simply with a view to compensate Bhully that the authorities recommended that he be not evicted and his possession be legalised.

(3.) Dismissed.