SUSHIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant petition, a challenge is laid to an order drawn on 25/1/2021 (Annexure P-8), as made by the Assistant Collector, First Grade, Gurugram, and, to the order drawn on 2/5/2022 (Annexure P-12), as made by the learned Collector, Gurugram, besides to the order made on 12/7/2022 (Annexure P-13), by the learned Commissioner, Gurugram, where throughs' the revisionists-petitioners herein, were ordered to be evicted from the petition lands. Submissions of the learned counsel for the petitioners.

(2.) The learned counsel appearing for the petitioners for unresting the above drawn orders, has planked his submission on the premise, that since in respect of a controversy, but similar to the one as embodied in the above annexures, a petition bearing No. 27/SDO became filed at the instance of Gram Panchayat Budhera on 26/9/1983, thus resulting in the drawing of Annexure P-2, whereby the Gram Panchayat's petition (supra) became dismissed. Therefore, he contends that the verdict (Annexure P-2), when has remained unassailed and unchallenged, thereby it acquires apt conclusive and binding effect. Resultantly he has argued, that the subsequently drawn similar thereto motions, at the instance of Gram Panchayat concerned, which resulted in the making of the impugned orders, thus became barred by the estopping principle of constructive res-judicata. Therefore, he contends that the impugned annexures are vitiated. Inference of this Court.

(3.) The suit land property is comprised in Khasra No. 51 and in 52, and, it is admittedly located in abadi deh. Though, any abadi raised on abadi deh, is but admittedly saved from the inclusionary definition of shamlat deh. However, through insertion of clause (4a) in Sec. 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961 (hereinafter for short call 'the 1961 Act'), provisions whereof become extracted hereinafter, thus making any vacant land situated in an abadi deh or gorah deh, hence not owned by any person, to rather fall within the inclusionary definition of shamlat deh.