MARU Vs. COLLECTOR ROHTAK

JUDGEMENT

(1.) Petitioners were sought to be evicted from the land in dispute by Gram Panchayat-respondent No. 3 to this petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') as applicable to the Haryana State on the ground that the land in dispute had vested in the Gram Panchayat and the same having been reserved for the purposes of Panchayat Ghar as per Jamabandi for the year 1966-67 and that the petitioners herein having only recently taken forcible possession thereof.

(2.) Assistant Collector II Grade, Jhajjar, allowed the petition and ordered the eviction of the petitioners by his order dated October 7, 1974 (Annexure P. 3 to this petition). An appeal at the instance of the petitioners herein against that order was dismissed by the Collector, Rohtak vide his order dated June 10, 1975 (Annexure P. 4 to this petition).

(3.) These orders have been impugned by the petitioners through this petition. It is the petitioners' case in the petition as it was before the aforesaid statutory authorities, that the petitioners have been in possession of the sites in question which fall outside the lal-lakir and within the phirni since their fore-fathers and their houses existed thereon for more than fifty years. They had also submitted that the houses in question were the only residential houses in the village owned, possessed and occupied by them.