KAMRUDIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays that respondents No. 1 and 2 be directed to evict respondents No. 3 to 5 from the land in dispute. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) The petitioner filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. He alleged that respondents No. 3 to 5 were in unauthorised occupation of land bearing Khasra No. 15/26 in Khewat No. 176. This application was allowed by the Assistant Collector vide order dated September 24, 1999. A copy of this order has been produced as Annexure P-1 with the writ petition. Aggrieved by the order, respondent No. 3 filed an appeal before the Collector. Vide order dated January 13, 2000 the Collector held that prima facie the "appellant has constructed his house on north of the disputed land. From it, the illegal possession by him is clearly evident". Thus, the appeal was dismissed. The third respondent challenged the orders passed by the Assistant Collector and the Collector, through C.W.P. No. 5938 of 2000 filed in this Court. It was stated before the Bench by the Counsel for the petitioner that the Panchayat had recommended to the Government that the value of the land in dispute on which the house had been constructed be assessed and permission to sell it be given. Thus, the petition was not pressed. While disposing of the writ petition the Bench had observed that "till a final decision is taken by the Government on the matter, the petitioner (now respondent No. 3) shall not be dispossessed from the land in dispute."

(3.) Aggrieved by this order, the petitioner sought a review of the direction given by the Bench. This review application was dismissed vide order dated January 8, 2001. Having failed before the Bench, the petitioner has now approached this Court through the present writ petition.