SUBHA CHAND Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THE present Civil Writ Petition has been filed by Subha Chand under Articles 226/227 of the Constitution of India praying therein for the issuance of a writ of certiorari for quashing the order dated April 14, 2002 passed by the Commissioner, Rohtak Division, Rohtak. The aforesaid order has been appended as Annexure P/3 with the writ petition.

(2.) THE petitioner has stated that he is in cultivating possession of land measuring 16 kanals situated in the revenue state of village Deepalpur. It has further been stated by the petitioner that he is tenant of the Gram Panchayat, Deepalpur which the owner of the land. The respondent-Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the "Act") before the Assistant Collector, I Grade, Sonepat for the eviction of the petitioner. The eviction order was passed against the petitioner on November 30, 1993. The appeal preferred by him was also dismissed by the Collector, Sonepat on April 7, 1994. It has now been averred by the petitioner that in the year 1990, the petitioner had filed a civil suit against Gram Panchayat Deepalpur seeking a decree for permanent injunction restraining the Gram Panchayat from dispossessing the petitioner from the said land. The aforesaid suit was ultimately decreed, after a contest by the Gram Panchayat, vide judgment dated May 31, 2000. A copy of the aforesaid judgment dated May 31, 2000 has been attached as Annexure P/1 with the petition. It has been stated in the petition that the aforesaid decree had become final since no appeal had ever been filed by the respondent-Gram Panchayat.

(3.) AGGRIEVED against the aforesaid order dated December 14, 2000, the Gram Panchayat filed a revision petition before the Commissioner, Rohtak Division, Rohtak who after hearing both the parties accepted the said revision petition and set aside the order dated December 14, 2000 passed by the Assistant Collector. A copy of the order dated June 14, 2000 has been attached as Annexure P/3 to the present petition. It is this order Annexure P/3 passed by the Commissioner, Rohtak Division, Rohtak which has been impugned in the present writ petition.