MISRI LAL Vs. COMMISSIONER

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to an order passed by Commissioner, Gurgaon Division, Gurgaon on 29th June, 1995 accepting the revision petition preferred by Gram Panchayat so as to order eviction of the petitioner from the land comprising in khasra No. 18/9 (8 kanals) and No. 18/10 (8 kanals), total 16 kanals of shamlat land of village Mulodi under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 (for short 'the Act'). The petitioner has alleged that before consolidation the Gram Panchayat was owner of 60 bighas, 12 biswas as Gair Mumkin Rasta and Jo -har Banjar Kadim. The Gram Panchayat was allotted 106 kanals, 13 marlas land in lieu of said land. A separate khewat was also carved out by deducting proportionate area from the land of the land owners by the Consolidation Authority under the scheme framed under Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (For short, the Consolidation Act). The separate khewat was named as Jumla Mustarka Malkan and 5 kanals of the land of the Petitioner was included by applying pro -rata cut on his holding.