KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has assailed the validity of the orders dated 02.04.2013 and 11.01.2018 by which suit filed by him under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) [for short 'the Act'] has been dismissed.

(2.) In brief, the petitioner filed a suit under Section 13-A of the Act in which he has averred that he along with performa defendants are joint owners in possession of the land in question which forms part of Ahata No.17, House No.84 belonging to him and his family and the Panchayat (contesting respondent) has no concern with it.

(3.) During the course of hearing, the petitioner was asked to file an affidavit disclosing certain facts which are relevant for the adjudication of this case and in pursuance thereof the petitioner has filed miscellaneous application No.13800 of 2019 for seeking permission to place on record the affidavit dated 11.09.2019 on record and the same is taken on record. The petitioner has disclosed that a petition under Section 7 of the Act was filed by the Gram Panchayat against his father Charan Singh who had allegedly become the owner of the property in question in an out of Court family settlement. The said petition was filed on 20.1.1993 and was allowed on 30.9.1993. Appeal filed by his father was dismissed on 25.01.1994. His father Charan Singh challenged both the orders dated 30.9.1993 and 25.01.1994 by way of CWP-6866-1994 which was allowed on 07.11.1994 and the matter was remanded back to the Collector to decide the matter afresh after giving opportunities to lead evidence to both the parties. Thereafter, the Assistant Collector, 1st Grade dismissed the petition of the Gram Panchayat on 16.6.1997 but appeal was allowed on 26.11.1997 and the case was again remanded back. After the remand, ejectment order was passed against the father of the present petitioner on 08.08.2000. The appeal filed by the father of the petitioner was dismissed on 24.4.2002 and the revision was also dismissed on 13.11.2003. Father of the petitioner, namely, Charan Singh died on 14.2.2010. After his death a suit under Section 13-A of the Act is filed by the petitioner dated 25.7.2011 for seeking a declaration that the land in question is owned by the petitioner through his father. The said suit was dismissed by both the Courts below and hence, the present petition has been filed.