RAJ KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari for quashing the order dtd. 20/8/2021 (Annexure P-7) passed by Assistant Collector-cum-District Development and Panchayat Officer, Charkhi Dadri, whereby, he was ordered to be ejected under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (here-in-after referred to as 'the Act, 1961') from land measuring 198 Kanals-2 Marlas, situated within the revenue estate of Village Kaliyana, Charkhi Dadri, Bhiwani. A further prayer has also been made to quash order dtd. 8/12/2021 (Annexure P-8) passed by Deputy Collector, Charkhi Dadri as well as order dtd. 30/5/2022 (Annexure P-10) passed by Commissioner, Rohtak Division, Rohtak, whereby, the appeal and revision filed by the petitioner against ejectment order dtd. 20/8/2021 (Annexure P-7) have been dismissed.

(2.) Briefly stated, the writ petition has been filed on the averment that the petitioner is owner in possession of land in dispute prior to 1950 and has been continuously cultivating the said land without interference of anyone. It is stated that way back in the year 1980, respondent No.5-Gram Panchayat Kaliyana, had filed an eviction petition under Sec. 7 of the Act, 1961. However, the same was dismissed vide order dtd. 28/5/1981 (Annexure P-1) passed by Assistant Collector 1St Grade, Dadri, by holding that the suit land is described as "Jumla Malkan Wa Digar Haqdaran", accordingly Sec. 7 of the 1961 Act, is not applicable. It is further stated that since respondent No.5-Gram Panchayat Kaliyana, was harassing the petitioner again and again, hence, he filed a Civil Suit for permanent injunction against the Gram Panchayat, which was decreed vide judgment and decree dtd. 2/6/1995 (Annexure P-2) and the Gram Panchayat was restrained to interfere in the possession of the petitioner except in due course of law. It is further submitted that in the year 2001, another eviction petition came to be filed by one Dharam Chand resident of Village Kaliyana, which was subsequently withdrawn by him vide order dtd. 23/10/2003 (Annexure P-3). Thereafter, respondent No.5-Gram Panchayat, Kaliyana, in the year 2012, filed another eviction petition under Sec. 7 of the Act, 1961. However, the same was dismissed by Assistant Collector Ist Grade, Charkhi Dadri, vide order dtd. 30/5/2012 (Annexure P-4). In the meantime, the petitioner filed another Civil Suit No.904 of 2011, seeking permanent injunction, which was also decreed vide judgment and decree dtd. 12/12/2016 (Annexure P-5) passed by Civil Judge (Junior Division), Charkhi Dadri and the respondents therein (including Gram Panchayat, Kaliyana) were restrained from interfering into the peaceful possession of the petitioner (plaintiff therein) or dispossessing him from the suit property without following/adopting due procedure of law.

(3.) It is submitted that an appeal against said judgment and decree dtd. 12/12/2016 (Annexure P-5) filed by Gram Panchayat Kaliyana was withdrawn vide order dtd. 10/12/2019 (Annexure P-6) passed by learned Additional District Judge, Charkhi Dadri.