DHARAMPAL Vs. THE FINANCIAL COMMISSIONER, HARYANA AND OTHERS

JUDGEMENT

(1.) THE challenge in the present writ petition is to orders passed by the authorities under Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'the Act') in proceedings under Section 7 of the Act. The Gram Panchayat alleged that the petitioner has encroached upon khasra No. 38/3 which is described in the revenue record as gairmumkin school. On such application, the petitioner submitted his reply Annexure P/16. The stand of the petitioner in the reply is that possession of the present petitioner is not illegal.

(2.) THE learned Assistant Collector initially passed an order of ejectment on 29.5.2006. In appeal, such order was set aside on 31.8.2006 and the matter was remanded to the Assistant Collector to make spot inspection and decide the case on merits.

(3.) THEREAFTER , the Assistant Collector again directed the Naib Tehsildar to demarcate the land in question, who submitted his report dated 10.6.2009 Annexure P/7. The objections against the said report were filed. The petitioner also filed an application before Lokayukt, Haryana raising grievance against the revenue officials. Lokayukt, Haryana passed an order directing the Tehsildar Bawal to measure the area of gairmumkin school. Tehsildar Bawal demarcated the land and submitted his report dated 13.5.2011 Annexure P/8 to Lokayukt, Haryana. The petitioner was found to be an encroacher of khasra No. 38/3. The said report was made basis by the Assistant Collector 1st Grade to order eviction of the petitioner. An appeal against the said order has been dismissed by the Collector on 29.1.2013. Further revision has been dismissed by the Commissioner on 10.10.2013. Thereafter, the petitioner filed another revision petition before Financial Commissioner, Haryana which stands dismissed on 20.3.2014 as not maintainable.