HAZARI Vs. GRAM PANCHAYAT KHATOTI

JUDGEMENT

(1.) The epitome of facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that the Gram Panchayat Khatoti Sultanpur, Tehsil Narnaul, Distt. Mahendergarh (Respondent No. 1) (for brevity "G.P.") instituted a petition against the Petitioners, under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961 as applicable to Haryana (hereinafter to be referred as 'the Act") before the Assistant Collector, Ist Grade (for short "AC, Ist Grade") for their ejectment from its land in dispute, inter alia, pleading that since the Petitioners are in un-authorized occupation of the 'shamlat boras' so, it (G.P.) is entitled to its possession.

(2.) In the wake of notice, the Petitioners appeared before the A.C., Ist Grade and filed their reply on 27.7.1987, in which, it was specifically pleaded that the land in dispute did not vest in the G.P. They are owners in possession and have constructed their houses on it for the last about more than 70 years. The G.P. has no connection whatsoever with the land in dispute. Thus, they prayed for dismissal of the petition under Section 7 of the Act.

(3.) The A.C., Ist Grade accepted the application of G.P. and ordered the ejectment of the Petitioners from the disputed land, by means of impugned order dated 12.3.1990 (Annexure P-l).