GRAM PANCHAYAT VILLAGE NAUCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Gram Panchayat of village Nauch, Tehsil and District Kaithal, has approached this Court for issuance of a writ of certiorari to set aside order dated 24.7.2012 (Annexure P -15) passed by the Commissioner, Ambala Division, Ambala. Counsel for the Gram Panchayat submits that the Commissioner has entertained a revision against an order passed by the Assistant Collector 1st Grade, Kaithal, refusing to recall warrants of possession. The Commissioner, Ambala Division, Ambala, had no jurisdiction, after orders of eviction attained finality with dismissal of Civil Writ Petition No. 9346 of 2012, to direct the Assistant Collector 1st Grade, to re -open eviction proceedings, on the basis of a civil court decree dated 07.1.1969, to decide a question of title and then also without issuing notice to the Gram Panchayat. It is further contended that once an order is passed under Section 7 of the 1961 Act, the Assistant Collector 1st Grade, thereafter, has no jurisdiction to review/recall his order, much less, during execution proceedings.

(2.) COUNSEL for the private respondents submits that the civil court decree dated 7.1.1969 was not considered by the Assistant Collector 1st Grade, Kaithal or by the appellate and revisional authorities, while passing orders of eviction. The private respondents have a right to seek recalling of the warrants of possession or orders of eviction, by filing objections during execution proceedings. The learned Commissioner has, therefore, rightly set aside the order passed by the Assistant Collector 1st Grade, Kaithal, and directed him to decide the matter, afresh, particularly with respect to the question of title.

(3.) THE Gram Panchayat filed a petition under Section 7 of the 1961 Act, for eviction of private respondents, from the land, in dispute. The private respondents filed a reply, but did not raise a plea of ownership on the basis of the civil court decree dated 07.1.1969, allegedly, passed in their favour and against the Gram Panchayat. The Assistant Collector 1st Grade, Kaithal allowed the petition on 15.4.2005, by ordering eviction of the private respondents and imposing a penalty of Rs. 10,000/ -, per hectare, per year. The private respondents filed an appeal, which was dismissed by the Collector, Kaithal, on 16.8.2005. The private respondents filed a revision, which was dismissed by the Commissioner on 31.1.2006. The Gram Panchayat, filed an execution petition, in which notice was issued to the private respondents. The private respondents filed objections which were dismissed on 6.12.2011. The execution petition was allowed by the Assistant Collector 1st Grade on 06.12.2011 by directing the Block Development and Panchayat Officer, Kaithal, to take possession. The private respondents filed the revision before the Commissioner and during pendency of these revisions, filed an application on 22.2.2012 for recalling warrants of possession, issued vide order dated 6.12.2011. The private respondents pressed into service a civil court decree dated 7.1.1969, passed in Civil Suit titled as Khem Chand and others v. Gram Sabha of village Nauch through its Sarpanch. The revisions filed before the Commissioner were, however, withdrawn.