RAJIVE BHALLA, REKHA MITTAL
Des Raj – Appellant
Versus
State of Haryana – Respondent
RAJIVE BHALLA, J.
By way of this order, we shall dispose of CWP Nos.7961 of 2008 and 2800 of 2010, as they involve adjudication of common questions of fact and law. For the sake of convenience, facts are being taken from CWP No.7961 of 2008.
The petitioners pray for issuance of a writ of certiorari for quashing orders dated 30.06.2006, 14.08.2007 and 07.04.2008, passed by the Collector, Panchkula, the Commissioner, Ambala Division, Ambala, and the Financial Commissioner, Haryana, respectively.
The dispute, in the present case, is whether the land, in dispute, vests in the Gram Panchayat or in the petitioners. The petitioners have based their plea of ownership primarily on an argument that as the land was Shamilat Patti and is not used according to the revenue record for common purposes of the village, it does not vest in the Gram Panchayat.
Counsel for the petitioner submits that jamabandies for the years 1905-1909, record the ownership of Shamilat Taraf and Patti. The column of cultivation, records the possession of various proprietors. The Sharat Wazib-ul-arj, for the years 1905-1909, records that proprietors shall be responsible for management and control of “Shamilat D
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