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2009 Supreme(P&H) 1203

S.S.SARON
Jaleb Khan And Others – Appellant
Versus
Commissioner, Gurgaon Division, Gurgaon – Respondent


Judgment

S.S.Saron, J.

1. The petitioners aggrieved against the order dated 18.10.2007 (Annexure-P.5) passed by the Commissioner, Gurgaon Division,Gurgaon (respondent No.l) and the order dated 27.12.2006 (Annexure P.3) passed by the District Collector, Mewat/Nuh have filed the present petition under Articles 226/227 of the Constitution of India seeking quashing of the said orders.

2. The Gram Panchayat, Agon (respondent No.3) filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable in Haryana) (Act - for short) seeking eviction of the land measuring 136 Kanals 5 Marias as detailed in the order dated 11.8.2004 (Annexure P.1) passed by the Assistant Collector Ist Grade, Ferozepur Zhirka. It was alleged that the petitioners and their predecessor-in- interest were in unauthorized possession of the said land after expiry of the lease. The application of the Gram Panchayat (respondent No.3) was dismissed by the Assistant Collector Ist Grade, Ferozepur Zhirka vide order dated 31.8.2004. It was observed on the basis of evidence and statements recorded that the petitioners had proved from the revenue record that they were in cultivation Bi




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