SARWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have laid challenge to an order dated 10.02.2009 dismissing their title suit filed under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1962 (in short 'the Act'). They have also challenged order dated 26.08.2009 (Annexure P-9) dismissing their appeal. Further challenge has been laid to an order dated 25.08.2010 vide which, their revision petition was dismissed. Petitioners have filed above said suit in a representative capacity stating that they, alongwith others, are the right holders in vast track of land which was shown in the revenue record under the ownership of Shamlat Deh Hasab Hissa Mandarja Paimana Hakiyat. It was their case that the above said land was not reserved for any common purpose and is in cultivating possession of the right holders.

(2.) To note down their exact claim, it is necessary to reproduce para Nos. 3 to 5 of the application filed by them under Section 13-A of the Act which read as under:-

(3.) It is specifically stated that land do not vest in the Gram Panchayat in view of provision of Section 4(3)(ii) of the Act and also in terms of Exception Clause (viii) of Section 2(g) of the Act.