SADHU RAM Vs. COLLECTOR, KURUKSHETRA

JUDGEMENT

(1.) IN this writ petition, the petitioners have impugned the orders dated 29.3.1996 (Annexure P-3) and 6.6.1996 (Annexure P-4) passed by the Assistant Collector Ist Grade, Kurukshetra and the Collector, Kurukshetra, respectively, on the application filed by respondents No. 4 and 5 under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') vide which the petitioners have been ordered to be ejected from the land measuring 6-1/2 marlas situated in Village Gumti, Tehsil Thanesar, District Kurukshetra.

(2.) IN the present case, the dispute is about 6-1/2 marlas of land, which is half share of land comprising in Khasra No. 92 situated in Village Gumti. This land is situated within the Abadi and in the revenue record, it has been described as 'Gair Mumkin Ahata Chah Pukhta'. The petitioners are in possession of the land in question measuring 6-1/2 marlas and have constructed their residential houses thereon.

(3.) THEREAFTER , respondents No. 4 and 5, who are the residents of the Village, filed another application under Section 7(2) of the Act against the petitioners regarding the same very land alleging therein that the petitioners have illegally encroached upon the land in question belonging to respondent No. 3 and have raised certain construction thereon. It was further alleged that the earlier application filed by respondent No. 3 was got dismissed as withdrawn on 16.2.1995 as per the resolution dated 14.2.1995, according to which it was agreed that the petitioners would leave a 20' wide passage towards south of the land in question for ingress and outgress but they did not leave any passage, therefore, possession of the land in question be restored to the Gram Panchayat after eviction of the petitioners.