GUGAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners herein filed a suit for a declaration that the land measuring 117 kanals 8 marlas which has now been assigned khasra Nos. 2018, 2045, 1846 and 2128 situate in village Balbehra was not a part of shamlat deh of the village. The suit was dismissed by the Assistant Collector I Grade, Guhla. The appeal filed by the petitioners was dismissed by the Collector. Even the revision petition having been dismissed by the Commissioner, Ambala Division, the petitioners have approached this Court through the present petition. The three orders have been impugned in the writ petition on various grounds which shall be presently noticed.

(2.) A written statement has been filed only on behalf of respondent No. 5 pointing out that the petitioners are in possession of 117 kanals 8 marlas of Shamlat land whereas their share is only to the extent of 22 kanals 12 marlas. It has been further pointed out that the impugned orders are based on evidence which has been duly considered by the authorities. Accordingly, it is maintained that there is no merit in this petition.

(3.) I have heard Mr. Rajesh Chaudhry, learned counsel for the petitioners and Mr. Rakesh Gupta for the respondents.