BHANOT LEASING LIMITED Vs. COMMISSIONER GURGAON DIVISION

JUDGEMENT

(1.) By this order, we propose to decide three writ petitions i.e. C.W.P. No. 11821 of 1992 M/s Bhanot Leasing Limited and others v. The Commissioner, Gurgaon Division, Gurgaon and others, C.W.P. No. 2069 of 1992 M/s. Decent Towers (P) Limited & others v. State of Haryana and others wherein order dated 23.7.1992 (Annexure P- 7) passed by the Commissioner, Gurgaon Division, Gurgaon has been challenged and C.W.P. No. 10381 of 1989 Gram Panchayat, Rithoj v. Commissioner, (Appeals) Ambala Division and others, wherein order dated 24.2.1989 (Annexure P-3) passed by the Commissioner has been challenged.

(2.) Counsel for the parties have submitted that these writ petitions can be disposed of by a common order as similar facts and identical questions of law are involved. The facts in C.W.P. Nos. 11821 of 1992 and 2069 of 1992 are as follows :-

(3.) Petitioners in these writ petitions purchased land from the proprietors of the village Behrampur, Tehsil & District Gurgaon. The land in question stands entered in the revenue records i.e. jamabandis for the year 1939-40 as Shamlat Deh Hasab Rasad Rakba Zameen and in the column of cultivation, the owners are shown to be in cultivating possession. The land owners asserted their right of ownership to the land by filing a suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to Haryana, (hereinafter referred to as the 1961 Act) against the respondent-Gram Panchayat, Village Behrampur before the Assistant Collector, Ist Grade, Gurgaon. In the said suit, it was prayed that a declaration be issued to the effect that they were owners in possession of the land and that the Gram Panchayat had no vested right in the same. The suit was decreed in favour of the land owners vide order dated 20.6.1988 (Annexure P-1).