JEET SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged orders passed under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the "Act") dated 16.06.2010 and 23.03.2010 passed by respondent nos.1 and 2 respectively.

(2.) In brief, the case set up by the petitioner is that his father Late Shri Natha S/o Kola was allotted land measuring 52 Kanals 18 Marlas, situated in village Khol Fatehgarh, Tehsil Jagadhri, District Yamuna Nagar, in the year 1963 at the rate of '1/- Lagan per acre per year. His father died in the year 1986 and name of the petitioner is recorded in the revenue record. The State Government issued a policy prior to the year 1992 for giving proprietary rights to the Scheduled Castes. In view thereof, the petitioner applied on 18.09.1992, which was recommended by the Deputy Commissioner, Yamuna Nagar to the Tehsildar (Sales) for allotment. However, before the land could be allotted to the petitioner, respondent no.3 auctioned the land in dispute in the month of September 1994, against which the petitioner filed a suit for declaration and permanent injunction. The plaint was returned by the Civil Judge (Senior Division), Jagadhri on 01.02.1996 on the ground that the Civil Court had no jurisdiction, against which the petitioner filed appeal which was dismissed on 02.05.1998.

(3.) However, in the Regular Second Appeal, the matter was remanded back by this Court for decision afresh vide its order dated 21.12.1999. Ultimately, the suit was partly decreed on 10.09.2003 to the effect that the petitioner was in possession of the suit land and the defendants were restrained from dispossessing the petitioner from the suit land forcibly except in due course of law.