JUDGMENT

Lisa Gill, J.

Petitioners have filed this writ petition being aggrieved of their ejectment from the land in question on an application/petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 [now Haryana Village Common Lands (Regulation) Act, 1961 as notified on 05.04.2021 (for short - 1961 Act')] vide order dated 30.09.2016 passed by learned Assistant Collector First Grade, Sonepat.

2. Brief facts, as pleaded in the writ petition, are that the petitioners filed application dated 17.05.1994 before the learned Assistant Collector 2nd Grade, Sonipat for correction of Girdawari regarding land measuring 181 kanals 10 marlas as described in the writ petition. Plea taken in this application seeking correction of khasra girdawaries was that the petitioners had taken land on lease from the proprietors since three years prior thereto. It was stated that mutation of land in dispute was sanctioned in favour of the Gram Panchayat, however, land was being cultivated by the petitioners having been taken on lease from the proprietors of the land, who were in fact owners of said land recorded as Hasab Rasad Raqba Khewat and that they were in possession thereof, thus, girdawaries should be corrected. The Assistant Collector 2nd Grade vide order dated 12.06.1997 while concluding that the petitioners were in possession of the property in question, directed correction of khasra girdawari.

3. Petitioners thereafter filed suit for permanent injunction against the respondent - Gram Panchayat, again with the claim that they had taken the said land on lease on yearly rent of Rs.50/- per killa in June 1991 from the proprietary body of the village and that mutation of the land in question being entered in favour of the Gram Panchayat, was irrelevant and ineffective qua their rights. Gram Panchayat was proceeded exparte. Suit was decreed while restraining the Gram Panchayat from interfering in the possession of plaintiffs over the suit property illegally or forcibly, except in due course of law.

4. Another suit for permanent injunction was filed by the petitioners against one Pale son of Dhara, yet again with the plea that land in dispute had been taken on yearly rent of Rs.50/- per acre in June 1991 and that plaintiffs were in possession of the suit property as lessee alongwith Mange Ram and Ram Saran. In this case too, respondent Pale, was proceeded exparte and the suit decreed while finding the petitioners to be in possession of the suit property.

5. Petition under Section 7 of the 1961 Act was filed by the Gram Panchayat against the petitioners on 17.02.2016. Ejectment proceedings were contested by the petitioners, taking the plea that land was of shamlat thola with its proprietors being the owner. They claimed to be its lessees and in possession of the land in question since twelve (12) years prior to 09.01.1954. However, Assistant Collector First Grade, Sonipat vide order dated 30.09.2016 while concluding that petitioners were in unauthorised occupation of Gram Panchayat land directed their ejectment alongwith Mange Ram. It was held that no evidence had been led nor any document brought on record to indicate that the land in dispute had ever been taken on lease from the Gram Panchayat or that petitioners had become owners thereof. Appeal filed by the petitioners was dismissed by the Collector, Sonipat vide order dated 25.09.2018. Revision was filed by the petitioners challenging said orders. Divisional Commissioner, Rohtak Division, Rohtak dismissed the said revision petition vide order dated 17.05.2019. Notice, Annexure P9 was issued to the petitioners t