OMBIR Vs. DIVISIONAL COMMISSIONER ROHTAK

JUDGEMENT

(1.) Challenge in this writ petition is to the order dtd. 8/8/2016 (Annexure P-1) passed by the Assistant Collector, 1st Grade, Sonepatrespondent No. 3, whereby application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as '1961 Act') has been accepted and for quashing of order dtd. 4/9/2018 (Annexure P-2) passed by the Collector, Sonepat-respondent No. 2 upholding the order of the Assistant Collector, 1st Grade, Sonepat and thereafter, the order dtd. 26/7/2019 (Annexure P-3) passed by the Divisional Commissioner, Rohtak Division, Rohtak-respondent No. 1, whereby the revision also has been dismissed of the petitioners.

(2.) It is the contention of the learned counsel for the petitioners that the proceedings in this matter could not have been taken further by the Assistant Collector, 1st Grade, Sonepat in the light of the reply which has been filed by the petitioners to the petition wherein the question of title was raised.

(3.) When confronted with the proviso to Sec. 7(1) of the 1961 Act, which deals with the aspect, as has been sought to be highlighted by the counsel for the petitioners, which requires that in case of question of title being raised, the proceedings should be kept in abeyance till the question of title is decided, the counsel is unable to dispute the fact that along with the reply, which has been filed, there was no document attached thereto.