AZAD SINGH Vs. FINANCIAL COMMISSIONER HARYANA

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 25/2/2020 (Annexure P- 11)which was upheld vide orders dtd. 13/1/2022 (Annexure P- 13) and 8/2/2024 (Annexure P- 14) passed by the appellate authorities, whereby the authorities below have rejected their claim for being considered as owners of the land in dispute referred under Sec. 13A of the Punjab Village Common Lands(Regulation) Act 1961 (as applicable to the State of Haryana) (hereinafter referred to as 'the Act') for declaring them joint owner in possession of the disputed land. The petition filed on 19/12/2019 (Annexure P-10) was filed by way of representative capacity with regard to the land falling in village Sarsad Sub Tehsil Khanpur, District Sonipat. The petitioners had also sought declaration regarding mutation No .1108 of the said village to be declared as illegal, invalid and not binding on the rights of the petitioners. The Collector, Sonipat noticed that eviction (Annexure P-1) by the Assistant Collector, 1st Grade Gohana regarding the land in dispute which had further been upheld in appeal on 22/4/2003 (Annexure P-2) and the revision filed by the petitioners had been dismissed on 11/8/2004 (Annexure P-3) by the Commissioner.

(2.) A perusal of the paper book would go on to show that at first instance after the Commissioner had decided against the present petitioners and their predecessor-in-interest on 11/8/2004, the petitioners filed CWP No.6135 of 2006 titled 'Jora Singh and others Vs. State of Haryana and others' and the Coordinate Bench of this Court, as such has held that the mutation had been entered in the year 1956 and Consolidation took place in the year 1957-58 and the land in dispute was being used for common purposes and nobody had raised any objection. The land was given on lease since the year 1996 and no evidence had been produced to controvert the claim of the Gram Panchayat. Resultantly, it is held that the land in dispute is a 'Shamlat Deh' land for all intents and purposes and the writ petition was accordingly, dismissed on 24/4/2006 (Annexure P-4). The relevant portion reads asunder:-

(3.) The said matter was taken to the Apex Court by filing SLP(C) No.13536 of 2006 titled "Zora Singh and another Vs. State of Haryana & others and the SLP was dismissed on 25/8/2006 (Annexure P-5). The petitioners, thereafter, chose not to raise any issue of title at any point of time, as noticed in the proceedings under Sec. 7 of the Act, which had been initiated against them. The Assistant Collector, 1st Grade, Gohana, had specifically recorded at that point of time that there was no question of title involved and the objections raised, if any, were not liable to be accepted keeping in view the revenue record and the mutation, specifically the fact that mutation had been entered way back in 1956 and the land had thereafter been leased by the Gram Panchayat and only thereafter, the encroachment had been done.