BACHNA ALIAS BACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) At issue in this writ petition under Articles 226/227 of the Constitution of India is the legality and validity of orders dated 28th July, 1977, of Assistant Collector, Naraingarh, ordering the ejectment of the petitioners from the land, in dispute, and imposition of a fine and order dated 8th August, 1978, of Collector, Ambala, dismissing the appeal (Annexure P.5) of the petitioners against orders of the Assistant Collector, Naraingarh (Annexure P-2).

(2.) Briefly stated the facts of the case are that Ishar Singh, respondent No.5 filed an application dated 9th April, 1974, in the Court of the Assistant Collector 1st Grade, Naraingarh, for ejectment of the petitioners under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') from the land, in dispute, alleging that the land was shamilat deh as defined in section 2(g) of the Act.

(3.) Petitioners contested the application and pleaded that the land, in dispute, did not fall within the purview of definition of 'shamilat deh', as given in the Act and the same did not vest in the Panchayat and that they and their predecessors-in-interest were in possession of the land from times immemorial, as co-sharers of the village and the Assistant Collector had no jurisdiction to entertain and decide the application. The Assistant Collector held that the land, in dispute, was abadi deh and in accordance with the provisions of sub-clause (4-a) of section 2(g) of the Act it vested in the Panchayat. He further observed that cremation grounds are situated in Khasra Nos.43 and 44 which adjoin the land and they are accessible through a path running through the land in dispute. He, therefore, ordered petitioners' ejectment. The appeal filed by the petitioner failed and was dismissed by the Collector, as mentioned earlier.