TARSEM KUMAR Vs. ASSISTANT COLLECTOR FIRST GRADE, KURUKSHETRA

JUDGEMENT

(1.) In this writ petition, prayer of petitioner is that the order dated 26.9.2000(Annexure P -4) passed by the Commissioner, Ambala Division Ambala be quashed, having been passed without any jurisdiction. It is farther prayed that order dated 6.12.2001 (Annexure P -6) passed by the Financial Commissioner, Haryana be also set aside, since he has failed to interfere with the order Annexure P -4 and has wrongly dismissed the revision petition.

(2.) Brief facts of the case are that, the petitioner filed an application under Sec. 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable in Haryana (in short "Common Lands Act') against respondents No.5 and 6 for their ejectment, allegedly, from area of public street over which private respondents have constructed a manger as due to unauthorised occupation of the land in dispute, lot of inconvenience is being caused to him and it is not possible for him to pass through that street.

(3.) A perusal of the writ petition shows that the application filed by petitioner on 23.5.1995 was opposed by private respondents on the ground that the property in dispute is not a part of public street and the manger etc. was constructed by private respondents in their own wara which is situated on one side of the house of the petitioner and said construction was made about 60 years ago. It was further stated that the petitioner intended to open a door towards their wara and keeping in view that intention, the said application for ejectment was filed. That application was dismissed by the Assistant Collector, 1st Grade, Thanesar on 15.7.1996. Petitioner, feeling aggrieved, filed an appeal against that order which was allowed on 23.10.1996 and the case was remitted back to the Court of Assistant Collector, 1st Grade with the direction that a Local Commissioner be appointed to ascertain the correct situation at the spot and thereafter, the parties be heard and case be decided afresh.