SABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have filed this writ petition being aggrieved of their ejectment from the land in question on an application/petition under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 [now Haryana Village Common Lands (Regulation) Act, 1961 as notified on 5/4/2021 (for short - '1961 Act')] vide order dtd. 30/9/2016 passed by learned Assistant Collector First Grade, Sonepat.

(2.) Brief facts, as pleaded in the writ petition, are that the petitioners filed application dtd. 17/5/1994 before the learned Assistant Collector 2nd Grade, Sonipat for correction of Girdawari regarding land measuring 181 kanals 10 marlas as described in the writ petition. Plea taken in this application seeking correction of khasra girdawaries was that the petitioners had taken land on lease from the proprietors since three years prior thereto. It was stated that mutation of land in dispute was sanctioned in favour of the Gram Panchayat, however, land was being cultivated by the petitioners having been taken on lease from the proprietors of the land, who were in fact owners of said land recorded as Hasab Rasad Raqba Khewat and that they were in possession thereof, thus, girdawaries should be corrected. The Assistant Collector 2nd Grade vide order dtd. 12/6/1997 while concluding that the petitioners were in possession of the property in question, directed correction of khasra girdawari.

(3.) Petitioners thereafter filed suit for permanent injunction against the respondent - Gram Panchayat, again with the claim that they had taken the said land on lease on yearly rent of Rs.50.00 per killa in June 1991 from the proprietary body of the village and that mutation of the land in question being entered in favour of the Gram Panchayat, was irrelevant and ineffective qua their rights. Gram Panchayat was proceeded exparte. Suit was decreed while restraining the Gram Panchayat from interfering in the possession of plaintiffs over the suit property illegally or forcibly, except in due course of law.