LABH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have prayed for the issuance of a writ in the nature of certiorari for quashing the order of the Collector, Kurukshetra dated 30.03.2007 (Annexure P-14), the order dated 14.08.2007 (Annexure P-15) of the Commissioner, Ambala Division, Ambala and the order dated 15.01.2020 (Annexure P-16) of the Financial Commissioner, Haryana by which the suit filed under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (for short ' the Act' ) by the private respondents herein has been decreed and the Civil Court decrees set up by the petitioners in order to claim the ownership of the land in question have been held to be null and void.

(2.) In brief, the petitioners are the residents of Village Kalsa, Tehsil Pehowa, District Kurukshetra, Haryana. The land in question is recorded as shamlat deh hasab rasad zar khewat and was mutated in the name of the Gram Panchayat, Village Kalsa on the instructions issued by the Government of Haryana after the enactment of the Punjab Village Common Lands (Regulation), Act in the year 1953. The petitioners are the successor in interest of Sardari Lal Son of Diwan Chand who had filed a civil suit No. 327/1973 titled as Sardari Lal v. Gram Panchayat, Kalsa for declaration that he is owner in possession of the suit land measuring 105 kanal 4 marla which was decreed on 26.05.1973 by the Sub Judge, First Class, Kaithal. The relevant portion of the decree is reproduced as under:-

(3.) It is pertinent to mention here that the predecessor-in-interest of the petitioners, namely, Sardari Lal had averred in his plaint/suit that he is a co-sharer in the shamlat deh, not exceeding to his share, without payment of rent except the land revenue. The petitioners have attached documents as Annexures P-3 (Colly.) pertaining to other suits filed by Mohinder Singh Son of Bhagat Singh v. Gram Panchayat which was decreed on 19.05.1973 by the Court of Sub Judge, First Class, Kaithal with the following observations:-