SOHALU Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) As common questions of facts and law are involved in this bunch of Writ Petitions Nos. 3769 and 3937 to 3941 of 1978, therefore, the same are being disposed of by this common judgment.

(2.) The facts are not in dispute. The Gram Panchayat put in an application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), before the Assistant Collector, claiming that the Respondents in the said applications who are now Petitioners in the writ petitions were unauthorised occupants of the land and there fore, they should be ejected. The Petitioners who are the tenants, pleaded that they were tenants under the Gram Panchayat and therefore, they were not unauthorised occupants. The matter was gone into by the Assistant Collector and vide his order dated 30th of June, 1967 passed in C. W. P. No. 3937 to 3939 and 3769 of 1978, 31st of July, 1967 in C. W. P. No. 3941 of 1978 and 5th of February, 1978 in 3940 of 1978, copies of which are Annexure P -1 attached with all the writ petitions, recorded a finding that the Respondents proceeded against were the tenants of the Gram Panchayat on the condition that they would be paying Batai to the Gram Panchayat. It was held that the Gram Panchayat was the owner of the land. It was further found that there is no evidence to show that the tenants had failed to pay the Batai and on these finding the application of the Gram Panchayat was rejected. It is not disputed that this order of the Assistant Collector was not appealed against by the Gram Panchayat or by the tenants and the said order became final.

(3.) In 1977 the Gram Panchayat moved fresh applications under Sec. 7 of the Act praying for the ejectment of the Respondents in those applications who are Petitioners in the writ petitions on the ground that they are in unauthorised possession. Amongst the other pleas taken by the tenants, a plea was taken that in view of the earlier order passed between the parties copy of which is Annexure P -1 with the writ petitions fresh applications under Sec. 7 of the Act cannot be proceeded on the ground of res judicata. This plea was negatived by the Assistant Collector relying on a Single Bench judgment of this Court in Sat Narain and Ors. v/s. The Financial Commissioner Punjab and Ors., 1971 P. L. J. 369. It appears that the learned authorities below have wrongly mentioned 1971 P.L.J. 155 Jug Lal and Anr. v/s. The Gram Panchayat of village Siwa and Ors. instead of Sat Narain's case (supra). This finding was affirmed by the learned Collector in appeal filed by the Petitioners and hence the Petitioners have approached this Court under Articles 226 and 227 of the Constitution of India, for quashing of the order of the Assistant Collector dated 31st of March, 1977 as also of the Collector, copies of which are Annexures P -2 and P -3 respectively attached with all the writ petitions.