Civil Writ Petition No.1526 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Writ Petition No.1526 of 2009

Date of Order: 01.05.2012

Risal Singh ...Petitioner

Versus

Commissioner, Rohtak Division, Rohtak

and others. ..Respondents

CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:

Mr.Naveen Singh Panwar , Advocate

for the petitioners.

Ms. Shruti Jain, AAG, Haryana

for respondents no.1 to 3

Mr. Ashish Pannu, Advocate

for respondent no.4.

RAJIVE BHALLA, J.

The petitioner prays for issuance of a writ in the nature of

certiorari for quashing orders dated 30.09.2005 (Annexure P-5),

26.10.2006 (Annexure P-6) and 05.09.2008 (Annexure P-7), passed

by the Assistant Collector Ist Grade, Sonepat, the Collector, Sonepat

and the Commissioner, Rohtak Division, Rohtak, respectively.

The Gram Panchayat of Village Kumaspur, filed a petition

under Section 7 of the Punjab village Common Lands (Regulation)

Act, 1961 (hereinafter referred to as the '1961 Act') for ejectment of

the petitioner from the land in dispute. The Assistant Collector Ist

Grade, Sonepat, dismissed the petition on 24.01.1997 and directed

the Gram Panchayat to file a fresh petition. Aggrieved by this order,

Civil Writ Petition No.1526 of 2009

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the Gram Panchayat filed an appeal. The Collector, Sonepat, vide

order dated 04.06.1997 remanded the matter to the Assistant

Collector Ist Grade, Sonepat with a direction to first decide the

application for amendment of the petition and thereafter decide the

matter finally. After remand, the Assistant Collector Ist Grade,

Sonepat, dismissed the petition on 30.03.1998 by holding that the

land in dispute is in possession and under cultivation of the present

petitioner and before the petitioner was in possession of his

ancestors. The Assistant Collector Ist Grade, Sonepat, also held that

as entry in favour of the Gram Panchayat has been set aside by the

High Court and as the land belongs to a “Panna/ Thola”, the land has

reverted to the right holders of the “Panna/Thola”. The Assistant

Collector Ist Grade, Sonepat, also dismissed the application for

amendment but granted liberty to the Gram Panchayat to file a fresh

application after appending all relevant documents. The Gram

Panchayat filed an appeal before the Collector who once again

remanded the matter to the Assistant Collector Ist Grade, Sonepat,

to grant an opportunity to the parties to lead evidence and decide the

matter afresh.

After remand, the Assistant Collector Ist Grade, Sonepat,

allowed the petition for ejectment on 30.09.2005 and ordered

ejectment of the petitioner from the suit property, on the ground that

the land vests in the Gram Panchayat. The Assistant Collector Ist

Grade, Sonepat, held, after perusal of the “Sharat- Wajib-Ul-Aarj”,

for the year 1956-57, that as the land was reserved as “Charand” (a

pasture), a common purpose, it vests in the Gram Panchayat under

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Section 2(g) of the 1961 Act. The petitioner filed an appeal before

the Collector, which was dismissed on 26.10.2006 and thereafter

filed a revision before the Commissioner, which was also dismissed

on 05.09.2008.

Counsel for the petitioner submits that, admittedly, the

land, in dispute, is recorded in the jamabandi, as “Shamilat Thola

Inchhan Hasab Rasad Raqba Khewat”. As there is no evidence that

it was ever used, or reserved for common purposes of the village

community, the land in dispute is excluded from “Shamilat Deh” by

virtue of Section 2(g)(3) and (v) of the 1961 Act. It is further

submitted that as the petitioners had raised a credible question of

title, namely, that the land in dispute is excluded by “Shamilat Deh”

by virtue of Section 2(g)(3) and (v) of the 1961 Ac