RAM SAROOP @ RAM SWARUP Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PETITIONER has invoked jurisdiction of this Court under Article 226/227 of the Constitution of India assailing orders dated 9.3.2011 (Annexure P-9) passed by Financial Commissioner, dated 29.1.2010 (Annexure P-8) passed by Commissioner, Hisar Division, and dated 4.8.2009 (Annexure P-7) passed by Collector, Bhiwani.

(2.) PETITIONER and proforma respondents have filed suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (herein after called as 'the 1961 Act') for the declaration that plaintiffs are owners in possession of the disputed land comprised in khewat No. 79/74, khatoni No. 95 total measuring 88 kanal 5 marla, village Kari Aadu; disputed land does not fall within the definition of 'Shamlat Deh'; plaintiffs (petitioner and proforma respondents herein) have been in cultivating possession thereof since the time of their forefathers even prior to 1928 from the date of inception of the village; mutation No. 246, which was sanctioned in favour of Gram Panchayat, is not correct; Gram Panchayat has no concern with the land in dispute.

(3.) I have heard learned counsel for the petitioner at length and have perused the entire record.