RAMESH PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 24.5.2001 and 26.4.2002, passed by the Collector, Karnal and the Commissioner, Rohtak Division, Rohtak, directing the petitioner's ejectment.

(2.) The petitioner filed a suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') before the Collector, Karnal, praying for a declaration that the land in dispute does not belong to the Gram Panchayat. The petitioner pleaded that in the settlement of 1904-5, the total holdings of the village were 3030 Bighas and 1 Biswa. Out of this land, 1642 Bighas and 4 Biswas was earmarked as "Shamilat Deh Hasad Rasad Khewat". During consolidation, 757 kanals 9 marlas was reserved for common purposes and land measuring 1102 kanals 19 marlas was earmarked as Hasad Rasad Khewat. In the year 1955, revenue officers sanctioned mutation no.123 recording the Gram Panchayat as owner but as the petitioner is in cultivating possession of 90 kanals 2 marlas and 37 kanals 14 marlas, mutation no.123, be declared illegal.

(3.) The Gram Panchayat filed a response denying these averments and pleaded that the land in dispute belongs to the Gram Panchayat. The jamabandi for the year 1954-55, records that the land is Shamilat Deh and is being used as Charand (a pasture). The land was reserved during consolidation as "Charand" and, therefore, vests in the Gram Panchayat. It was denied that the land was earmarked as Jumla Mushtarka Malkan or Hasad Rasad Khewat. It was further pleaded that mutation no.123 has been sanctioned on the basis of the consolidation scheme.