NARATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Writ Petitions No. 5781 and 5782 of 1991, in which common questions of law and facts are involved. In both these writ petitions, the petitioners (now deceased through their legal representatives) have challenged the orders dated 18.2.1991 (Annexure P-5) passed by the Collector Kurukshetra, vide which they were ordered to be evicted from the land in question under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act').

(2.) IN Civil Writ Petition No. 5781 of 1991, Narata petitioner was ordered to be ejected from the land measuring 16 bighas comprising in Khasra Nos. 2146, 2147, 2142 and 2128 situated in the revenue estate of Village Sanghaur, Tehsil Thanesar, District Kurukshetra. In Civil Writ Petition No. 5782 of 1991, Keeru petitioner was ordered to be ejected from the land measuring 19 Bighas 6 Biswas comprising in Khasra Nos. 2114, 2123, 2129, 2244, 2245 and 2246 situated in the same village. In both the cases, respondent No. 3 Gram Panchayat filed ejectment applications against the aforesaid petitioners under Section 7(2) of the Act on 17.1.1990 before the Assistant Collector Ist Grade, Kurukshetra by alleging therein that the aforesaid land belongs to the Gram Panchayat and the petitioners are in unauthorised and illegal possession of the same. Despite the repeated requests made by the Gram Panchayat, they refused to vacate the land in question, therefore, they should be ordered to be evicted from the land in question and possession of the same be restored to the Gram Panchayat.

(3.) BOTH the parties were given full opportunity to lead their respective evidence. The Assistant Collector Ist Grade, vide his order dated 6.12.1990 (Annexure P-3) dismissed both the aforesaid ejectment applications filed by the respondent-Gram Panchayat, while observing that the Sarpanch had admitted in his statement that possession of the petitioners on the land in question is more than 40 years old and therefore, they cannot be ordered to be evicted. However, it was observed that the Sarpanch had acted against the interest of the Gram Panchayat, which caused loss to the Panchayat land, therefore, a request was made to the Deputy Commissioner, Kurukshetra to take disciplinary action against the Sarpanch.