RAM MURTI Vs. DEPUTY COMMISSIONER
LAWS(P&H)-2014-5-588
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 19,2014

RAM MURTI Appellant
VERSUS
DEPUTY COMMISSIONER Respondents

JUDGEMENT

Rajan Gupta, J. - (1.) PETITIONER has sought a writ in the nature of certiorari seeking quashing of orders dated 18.01.2011 and 18.07.2013, Annexures P -6 and P -7 respectively.
(2.) PETITIONER has preferred instant writ petition seeking quashing of orders whereby eviction from premises in question has been ordered. Stand of the petitioner before this court is that he is in lawful possession of the property. According to him, Improvement Trust preferred eviction petition against Surinder Kaur and Harnek Singh though it had no right to do so. Eviction petition by the Trust in respect of the property which belonged to Wakf Board was misconceived. Authorities below gravely erred in directing eviction of occupants from the premises. Both the orders being unsustainable, deserve to be set -aside. He has also referred to proceedings in the civil suit preferred by one Bhupinder Singh in which decree dated 13.11.1995 was passed. Plea of the petitioner has been resisted by counsel appearing for the respondent Trust. According to him, land in question was acquired by the Trust vide notification dated 29.7.1976. A supplementary award was also passed in respect of the land on 13.5.1986. According to him, petitioner has no locus standi to file the present petition. Eviction order was passed against Surinder Kaur and Harnek Singh. There is nothing to show that petitioner derives any right from either of them. Besides, possession of the property was taken by the Land Acquisition Collector on 26.8.1986.
(3.) I have heard learned counsel for the parties and given careful thought to the facts of the case.;


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