Mrs. Rekha Mittal, J.:- The petitioner prays for issuance of a writ of certiorari quashing order dated 26.11.2008 (Annexure P1), passed by the Collector, Sonepat, accepting the appeal filed by the Gram Panchayat and thereby ordering his eviction from the land, in dispute, and order dated 18.05.2012 (Annexure P2) passed by the Commissioner, Rohtak Division, Camp at Sonepat, dismissing his appeal.

2. Counsel for the petitioner submits that khasra No. 57 measuring 174 kanals 12 marlas belongs to abadi deh of village Malha Majra, Sonepat. The petitioner is owner in possession of plot No. 97 within the area of abadi deh and has raised construction of his house. He is in possession of the land, in dispute, for the last many years and it does not vest in the Gram Panchayat. The Collector, without a correct appreciation of the matter held in favour of the Gram Panchayat and ordered eviction of the petitioner while accepting the appeal filed by the Gram Panchayat assailing order dated 18.02.2008 passed by the Assistant Collector, Ist Grade, Sonepat, dismissing the application for eviction. It is further argued that the Collector has wrongly recorded a finding that the land, in dispute, is a vacant plot and the petitioner has failed to prove his ownership of the said land. The Commissioner has also failed to take into consideration that as the land, in dispute, is neither used for common purposes of the village nor is a vacant plot, the same is excluded from shamilat deh and, therefore, does not vest in the Gram Panchayat.

3. Counsel for the Gram Panchayat, on the contrary, submits that the land, in dispute, does not form part of plot No. 97 of which the petitioner is the owner in possession and has raised construction of his house. The petitioner has illegally occupied the vacant land between plot No. 97 and a street (gali) being used for the public at large and, therefore, the land, in dispute, belongs to the Gram Panchayat and the petitioner has no right, title or interest to perpetuate his illegal possession. The Collector and the Commissioner, after due consideration have recorded a concurrent finding of fact that the land, in dispute, is a vacant land and, therefore, the same belongs to the Gram Panchayat as per Section 2(g) (4a) of the Punjab Village Common Land (Regulations) Act, 1961 (applicable to Haryana) (for brevity, ‘the 1961 Act’).

We have heard counsel for the parties and perused the records.

4. Admittedly, khasra No.57, measuring 174 kanals 12 marlas, as per jamabandi for the year 2003-2004 is gair mumkin abadi deh of village Malha Majra. The petitioner is a resident of village Malha Majra and has raised construction of his house on plot No. 97. It is none of the plea of the petitioner that the land, in dispute, is a part of plot No. 97. A perusal of the orders passed by the Collector and the Commissioner as well as the spot inspection report dated 29.01.2008 (Annexure P5)would reveal that the land, in dispute, is situated between plot No.97 and a gali (path). The petitioner raised a plea before the Collector that the land between plot No. 97 and the gali (path) is in his possession from the time of his forefathers. The Collector has recorded a factual finding that the land, in dispute, is vacant land and the petitioner has failed to produce evidence to prove his ownership. Before the Appellate Authority, the petitioner urged that he has raised a boundary wall on the land, in dispute, and the same is being used for tethering cattle, putting bricks, parking vehicles etc.

5. The question that arises for adjudication is whether the land, in dispute, which falls in abadi deh, is excluded from shamilat deh.

6. Section 2(g) of the 1961 Act (as applicable to Haryana), defines shamilat deh to include land described as shamilat deh or charand but excludes land within abadi deh. Section 2(g) (4) of the 1961 Act, however, provides that if land within abadi deh is used or reserved for the benefit of village community inclu