CHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Charan Singh has approached this Court by way of filing the present petition for issuance of a writ in the nature of certiorari for quashing of impugned notice dated 15.06.2020 (Annexure P-11), orders dated 13.07.2020 (Annexure P-9), 03.03.2020 (Annexure P-7) passed by the Commissioner, Gurugram Division, Gurugram and District Collector, Gurugram, respectively and order dated 04.09.2018 (Annexure P-4) passed by the Sub Divisional Officer-cum-Assistant Collector, Ist Class, Gurugram (North), whereby, the order of eviction under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (here-in-after referred to as 'the Act, 1961) was passed against him and thereafter, the appeal and revision were also dismissed. A further prayer has also been made for staying the operation of said orders.

(2.) Briefly, the facts of the case, as made out in the present petition, are that respondent No.5 filed an application under Section 7 of the Act, 1961 mentioning therein that the petitioner along with proforma respondents No.7 to 11 had taken an illegal possession of the land belonging to Gram Panchayat which was adjoining to the land of the petitioner. The Assistant Collector Ist Class, Gurgaon (North) accepted the said application by holding that the land in dispute was of Gram Panchayat and was in illegal possession of the petitioner and proforma respondents.

(3.) Aggrieved by said order dated 04.09.2018 passed by the Assistant Collector Ist Class, Gurgaon (North), petitioner and proforma respondents filed revision petition which was dismissed being not maintainable as they were having remedy to file an appeal. Thereafter, an appeal was filed by the petitioner and proforma respondents before the District Collector, Gurugram, which was dismissed vide order dated 03.03.2020 and thereafter, the said order was challenged by way of filing the revision petition which was also dismissed vide Order dated 13.07.2020.