When the case came up for hearing before this Court on 4.11.2008, the counsel representing the parties agreed that only controversy was whether the petitioner has encroached over the passage measuring 59 karams x 3 karams. Counsel for the petitioner had submitted that path measuring 59 karams x 3 karams was available at the spot, whereas the counsel for the Gram Panchayat insisted that the petitioner had encroached over the entire passage. A prayer accordingly was made before the court for issuing direction to Tehsildar to visit the spot and determine whether the passage/path measuring 59 karams x 3 karam was available at the spot. The counsel for the petitioner did not object to such detailment, but pleaded that demarcation be carried out in conjunction with the Local Commissioner to be appointed by this Court. This proposal so made by the counsel for the petitioner was accepted by the counsel representing the respondents. It was clearly agreed between the counsel appearing for parties that report of the Local Commissioner, after the spot inspection so made, should be binding upon the rival parties. Accordingly Division Bench of this court appointed Mr.Ashok Verma, Advocate, as Local Commissioner to visit the spot in question. He was to see if the passage/path measuring 59 karams x 3 karams was available at the spot. After the spot inspection, the Local Commissioner was required to submit his report within a week of his inspection.
