- (1.) CM-5402-CWP-2014. Allowed, as prayed for. Annexures P-6 and P-7 are taken on record. CWP No. 10551-1993 Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 22.05.1993 (Annexure P-1) passed by respondent No. 1-Commissioner, Rohtak Division, Rohtak whereby appeal filed by respondent No. 3 against the order dated 16.03.1992 (Annexure P-4) passed by the Collector, Sonepat has been allowed, order dated 16.03.1992 has been set aside and application filed by the petitioner-Municipal Committee for ejectment of respondent No. 3 has been dismissed. In brief, facts are to the effect that Municipal Committee, Ganaur filed application under Sections 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (in short, 1972 Act') before respondent No. 2-Collector, Sonepat with the averments that Municipal Committee, Ganaur is owner of land measuring 30 kanals 5 marlas comprised in khewat Nos. 108//15(8-0), 16/2(5-10), 24(4-11), 109//11/1(4-4) and 108//6(8-0), situated in village Ganaur. It is further pleaded that respondent No. 3 trespassed into the property in dispute. The petitioner also claimed damages for unauthorized occupation.
(2.) Respondent No. 3 contested the said application and filed written statement with the averments that respondent No. 3 has become owner by way of adverse possession, therefore, he cannot be ejected.
(3.) After considering the evidence on record, respondent No. 2-Collector, Sonepat came to the conclusion vide order dated 16.03.1992 (Annexure P-2) that Municipal Committee, Ganaur is the owner of the property in dispute and possession of respondent No. 3 is unauthorized.;