DHARAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner prays for issuance of a writ of certiorari, quashing orders dated 23.03.2011 and 24.09.2013, passed by the Assistant Collector, Ist Grade -cum -District Development and Panchayat Officer, Camp at Charkhi Dadri and the Collector, Bhiwani, respectively.

(2.) COUNSEL for the petitioner submits that the land, in dispute, is situated within the "Lal Dora", is part of the Abadi Deh of the village and is in the petitioner's possession, since long. The petitioner has been using the land as a manure pit, bara, gitwar etc.

(3.) A perusal of the site plan (Annexure P -4) and the Aks -Sijra (Annexure P -6), reveals that the passage ends at plot No.302. The private respondents, who filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana), want a short -cut to their land. The Assistant Collector, Ist Grade, has allowed the application by ignoring that the land is situated within the "Lal Dora" and that the private respondents have failed to prove that passage No.307 passes through the land in occupation of the petitioner.