GHARSI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner and one other person filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) dated 26.03.2013 for eviction of the private respondents from land being used for the common purposes of the village i.e. passage. The said application was allowed vide order dated 11.11.2013 (Annexure P-1) by finding that the private respondents had illegally encroached upon the passage by enclosing parts of the said passage within the boundary of their personal houses. An appeal dated 18.12.2013 was preferred before the Collector, Fatehabad, which was, however, dismissed vide order dated 22.05.2014 (Annexure P-2). A further revision was also dismissed vide order dated 06.09.2016 (Annexure P-3). Thereafter, the private respondents filed CWP No.21388 of 2016, which was dismissed as withdrawn vide order dated 17.10.2016 with liberty to the petitioners therein to file applications for purchase of the land in their respective possession.

(2.) The present writ petition has been filed because the encroachment has not been got removed by the concerned authorities despite representations dated 26.03.2015 (Annexure P-4) and 03.03.2017 (Annexure P-5).

(3.) In the reply filed on behalf of the State of Haryana, it has been stated that applications for purchase have since been filed by the private respondents, pursuant to which resolution 13.12.2016 has been passed by the Gram Panchayat for sale of the land. The said resolution has been sent to the Deputy Commissioner for approval of the State Government. The private respondents as well as the Gram Panchayat have taken a similar stand in their respective written statements.