MAHENDER SINGH Vs. COLLECTOR-CUM-DEPUTY COMMISSIONER, JHAJJAR

JUDGEMENT

(1.) THIS order will dispose of eight writ petitions i.e. CWP Nos. 10396, 11164, 11166, 11168, 11171, 11172, 11195 and 11223 of 2013. To dictate order, facts are being taken from CWP No. 10396 of 2013 titled as Mahender Singh v. The Collector -cum -Deputy Commissioner, Jhajjar and others. The petitioner herein claims that he is a right holder in the village and has a share in the Jumla Mushtarka Malkan land. It is his further case that land falling in Khasra Nos. 42//6 (6 -7), 15/1 (2 -13), 43//10/1 (0 -11), 10/2 (1 -12) and 11/1 (8 -07) total measuring 19 kanals 10 marlas was kept separate at the time of consolidation proceedings by imposing a pro rata cut. In the revenue record, it was shown in the name of Jumla Malkan Wa Digar Hakdaran Hasab Rasad Rakba Khewat. In the cultivation column, right holders were shown in cultivating possession. It has been so said by making reference to copy of a jamabandi for the year 1991 (Annexure P -7). It is grievance of the petitioner that his suit claiming title in the above land has wrongly been dismissed.

(2.) AS against this, it is claim of the Gram Panchayat -respondent No. 3 that the land in dispute is Shamilat Deh land. It was being managed by the Gram Panchayat since from the date of conclusion of consolidation proceedings and on several occasions, the right holders, with whom dispute is going on, have taken the land on lease.

(3.) DESPITE directions issued by this Court to give finding regarding question of title, no effort was made in that regard. The same was done by the Collector when dismissing appeal filed by the petitioner on 23.04.2013. Though very lengthy, both the orders lack in application of mind. Detailed evidence was available before both the officers, but no reference was made to the documents on record and their effect upon the rights of both the parties.