RAJ SINGH Vs. COMMISSIONER, GURGAON DIVISION

JUDGEMENT

(1.) THE petitioners have filed this petition seeking a writ of Certiorari quashing the order dated 28.3.2001 passed by the Assistant Collector Grade-I, Rewari, order dated 1.5.2002 passed by the Collector, Rewari and order dated 25.7.2002 passed by the Commissioner, Gurgaon Division, Gurgaon. In all the aforesaid orders, the petitioner have been held to be in illegal possession of the land belonging to the Gram Panchayat. The main submission made in the writ petition is that the authorities below erred in law in entertaining the eviction application filed by respondent No. 4 as the same could have been filed only by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (hereinafter referred to as "the Act"). In the writ petition, the aforesaid Section is reproduced in ground No. (1) as under :-

(2.) IT was submitted by the counsel for the petitioners that the three orders passed by the authorities below are wholly without jurisdiction as the application was not maintainable at the instance of respondent No. 4. Counsel for the petitioners sought to rely on Section 7 of the Act as reproduced in ground No. i). At that stage, it was pointed out to the learned counsel that the correct provision has not been reproduced which is as follows :-