RANDHIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has laid challenge to the order dated 10.03.1989 and the revisional order dated 25.09.1992, holding him in unauthorized occupation of the land comprising Ahata No.65 which is shamlat deh and vests in Gram Panchayat.

(2.) These orders came to be passed pursuant to a petition moved by private-respondents under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana. The case of petitioner was that he had constructed a residential house in the year 1964 and the subject-land was owned by him since his fore-father's time. It appears that while private-respondents filed eviction petition under Section 7 of the 1961 Act, the petitioner alongwith his father filed a declaratory petition claiming ownership over the suit-land. The Assistant Collector, 1st Grade, Mohindergarh vide order dated 17.05.1988 (P12) allowed the declaratory petition filed by the petitioner and his father and declared them owners in possession of the disputed house.

(3.) The private-respondents filed an appeal before the Collector, Narnaul who vide order dated 10.03.1989 (P-15) allowed their appeal and set-aside the order of the Assistant Collector 1st Grade dated 17.05.1988. The Collector held that since the Assistant Collector 1st Grade himself had inspected the spot on 07.11.1987 and as per the said inspection report, a chabutra (plat-form) measuring 6'-3" on north side, 5'-6" on south and 51 feet on east and west sides was found to have been constructed by the petitioner, there was no legal basis to decree their declaratory petition.