- (1.) The petitioner, prays for issuance of a writ of certiorari, quashing orders dated 30.7.2007 and 29.9.2008, passed by the Assistant Collector 1 st Grade, Rewari and the Collector, District Rewari, respectively and the demarcation report dated 27.4.2006.
(2.) Counsel for the petitioner submits that while ordering the petitioner's eviction, the Assistant Collector 1 st Grade has relied upon a demarcation report dated 27.4.2006, conducted prior to the filing of petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, '1961 Act'). It is submitted that as the Assistant Collector 1 st Grade, exercises quasi judicial powers, though summary in nature, he cannot rely upon a demarcation, admittedly, carried out before the filing of the petition under Section 7 of the 1961 Act. It is also contended that a perusal of the photographs appended with the writ petition would clearly reveal that path, abuts the petitioner's house and has been tiled by the Gram Panchayat thereby clearly indicating that the petitioner has not encroached upon any part of path No.110.
(3.) Counsel for the Gram Panchayat as well as counsel for respondent Nos.4 and 5 submit that as the petitioner did not file any objection to the demarcation report, the Assistant Collector 1 st Grade was justified in placing reliance on the demarcation report. It is further submitted that though the Collector, had dismissed the appeal on 29.9.2008 the writ petition was filed in June 2011, after delay. It is also pointed out that the petitioner had filed a civil suit claiming that petitioner is not in possession of any part of path No.110, the writ petition is, therefore, liable to be dismissed.;