HOSHIAR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) This order will dispose of a set of 13 Civil Writ Petitions i.e. Nos. 14393 to 14396 of 1989, 3330 to 3336 of 1990, 3916 and 3917 of 1990 which involve the same questions of fact and law. The facts have been taken from Civil Writ Petition No. 14393 of 1989.

(2.) The petitioners were proceeded under the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana for their eviction from the land in dispute. By way of written statement, it was pleaded by the petitioner in the aforesaid proceedings that they were in fact owners of the land and the Panchayat had nothing to do with the same. They claimed title to the property. After the Gram Panchayat had led evidence, the petitioners with a view to summon Patwari deposited diet money and process fee. It is not disputed that such process fee and diet money were deposited but the same was done slightly late. Vide orders dated January 25, 1989 the Assistant Collector, 1st Grade, Nuh ordered the eviction of the petitioners and burdened them with some penalty. Against the order aforesaid, an appeal was carried before the Collector which was dismissed vide orders dated May 2, 1989. The petitioners have challenged the aforesaid orders in these Writ Petitions

(3.) At this stage, it will be useful to reproduce the order passed by the Assistant Collector, 1st Grade which runs thus: