BALBIR Vs. ASSISTANT COLLECTOR, IST GRADE, JHAJJAR

JUDGEMENT

(1.) The petitioners' claim that their predecessors in interest were the owners in possession of the Shamlat land from the year 1871 in village Godhari, Tehsil Jhajjar, District Rohtak According to the petitioners they will continue to be owners in possession of the same land. The petitioner had filed an application on 17.7.1978 under Section 13-B of the Punjab Village Common Lands (Regulations) Act, 1961 (as applicable to Haryana also) before the Assistant Collector Ist Grade, Jhajjar claiming that they were owners in possession of Khasra Nos. 127 or 128 measuring 15 'Bighas Phukta which was shamlat of Pana Brahminan Hasab Paimana Milkiat. The area was situated outside the Abadi Deh. Out of this land an area measuring 5 Bighas 6 Biswas was left for storing water for irrigation purposes and the remaining area measuring 10 Bighas 4 Biswas was kept for joint cultivation. This application was contested by the Gram Panchayat and the following issues were framed by the Assistant Collector Ist Grade, Jhajjar.

(2.) Both sides led evidence and arguments were heard. The applicant was dismissed by the Assistant Collector Ist Grade on October 29, 1979. It was observed in the Order as under :-

(3.) The primary argument of the learned counsel for the petitioners is that a lot of documentary and oral evidence was led before the Assistant Collector Ist Grade to show that the petitioners were owners in possession of the land in dispute and arguments were also addressed on the various issues. However, nothing has been discussed by the Learned Additional Collector and the application was dismissed by making the observations referred to above. According to the learned counsel, the order being a wholly non-speaking order, was liable to be quashed.