PARAMJEET SINGH,J. - (1.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 31.08.1994 (Annexure P-9) passed by Sub Divisional Officer (Civil), Hoshiarpur, exercising the powers of Collector under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act (for short 'the Act') and order dated 29.05.1996 (Annexure P-11) passed by Commissioner, Jalandhar Division, Jalandhar.
(2.) Brief facts of the case are that respondent No.3 - Municipal Committee, Hoshiarpur, moved an application under Sections 4 and 5 of the Act for eviction of the petitioner on the ground of unauthorized possession of the passage. Authorities after considering the evidence on record came to the conclusion that the petitioner had encroached upon the passage which is a public street and demarcation was carried out at the spot after fixing the pucca points for determining the actual location of khasra numbers.
(3.) Earlier on 26.02.1998 a Division Bench of this Court passed the following order: - "During the course of hearing, it was felt by us that in order to resolve the dispute relating to alleged unauthorised encroachment by the petitioner of the public path, it would be appropriate to seek fresh report from the Tehsildar, Hoshiarpur by getting the land of the petitioner as well as public path demarcated afresh. We, therefore, direct Tehsildar, Hoshiarpur to personally go to the spot and demarcate the land of the petitioner as well as the land covered by the public path and send a report to this Court within a period of four weeks from the date of receipt of copy of this order. Both the parties are directed to furnish relevant papers to the Tehsildar, Hoshiarpur within two weeks from today. The Registry is directed to forward a copy of this order to the Tehsildar, Hoshiarpur for the purpose of carrying out the directions given by this Court. Put up for arguments on 20.4.1998." ;