ISHWARI PARSHAD Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 29.11.2010 (Annexure P-13), passed by the Assistant Collector Ist Grade, Palwal, dismissing the application filed by the petitioner seeking dismissal of the petition filed by respondents No.3 to 5 under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana) (hereinafter referred to as 'the Act') for eviction of the petitioner from the land in question.

(2.) It is the case of the petitioner that the land/property in question is an urban property, situated in city Palwal, and it is owned by the Trust, therefore, the Assistant Collector Ist Grade has no jurisdiction to try the petition filed by respondents No.3 to 5 under Sec. 7 of the Act. According to the petitioner, in the jamabandis for the year 1986-87, 1991- 92, 1996-97 and 2001-02, the land in question has been recorded to be under the ownership of 'Piau Sohan Lal Wali', which is a private trust, and in possession of the petitioner, who is sole trustee of the land in question, after the death of Smt. Manna.

(3.) On 27.4.2010, respondents No.3 to 5 filed a petition under Sec. 7 of the Act in the Court of Assistant Collector Ist Grade, Palwal, praying for eviction of the petitioner from the land in question, alleging that the disputed land is under the ownership of 'Piau Sohan Lal Wali', which is a public Piau, and possession of the petitioner on the same is illegal and unauthorised, therefore, he be ordered to be evicted from the same. In the petition itself, it was mentioned that as per the revenue record, the land/property in question is situated in Mauja Palwal, District Palwal.