KAMRU Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has laid challenge to the orders dated 08.02.2005 (P-5), 31.01.2006 (P-7), 16.06.2011 (P-8) and 16.07.2013 (P-10). Vide the first ex-parte order, the petitioner was ordered to be evicted from the land measuring 94 kanal 09 marla situated within the revenue estate of village Naurangabad, Tehsil Hodal, District Faridabad (now District Palwal) pursuant to an application filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana (for short, 'the 1961 Act'), the subsequent orders pertain to dismissal of his application to set-aside the ex-parte order, then appeal and revision petition etc.

(2.) It is not necessary to notice the facts in extenso and suffice it would be to mention that the petitioner claims to be in possession of the suit land from the year 1964-65 as gair-marusi tenant for which a civil court decree has also been obtained by him. The case of the Gram Panchayat, on the other hand, is that the subject-land is Panchayat deh and vests in it under Section 2(g) of the 1961 Act. It is further maintained that an eviction order under Section 7 of the 1961 Act was passed against the petitioner on 22.06.1992 and the same was duly executed on 28.02.1993. In other words, the Gram Panchayat claims that the petitioner was physically evicted from the subject-land in the year 1993.

(3.) The mystery however is still unresolved as to how the petitioner came to occupy the land again when and how such an event went un-noticed