CHHOTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners were sitting as tenants over the land measuring 469 Kanals 5 marlas, Khewat No. 37/34, Khatauni No. 115/106 and Khatanni No. 142 to 145 prior to the year 1956, belonging to respondent Nos. 5 to 10. Respondent Nos. 5 to 10 filed a suit for eviction of the petitioner from the land in the year 1977 under Secions 7 and 8 of the Pepsu Tenancy and Agricultural Lands Act, 1957. Ultimately, in these proceedings, an order of eviction was passed against the petitioners on 27.11.1981, copy of which has been attached as Annexure P-1 to this writ petition. It was ordered that since the petitioners were sitting as tenants prior to 1956, they could only be dispossessed on allotment of five standard acres of land.

(2.) Petitioners were allotted five acres of land vide order dated 27.3.1987, Annexure P.1/T. Respondent Nos. 5 to 10 also filed an application for taking possession of their land on the plea that the petitioners have already been allotted five acres of land as contemplated in the order Annexure P.1. On this application, order dated 16.9.1993, Annexure P.10, was passed, which has been impugned in this Civil Writ Petition. Since the petitioners failed to take possession of the land allotted to them for five years from the date of allotment of the land, the Sub-Divisional Officer (Civil), Rewari, i.e. the Prescribed Authority, cancelled the allotment made in their favour in March, 1987. This order was passed on 5.6.1992. In this order, it has been mentioned that the petitioners, in spite of repeated notices issued to them, failed to take possession of the land allotted to them. Petitioners did not file any appeal against this order, Annexure P-8. The present writ petition was filed in October, 1993 i.e. after a gap of more than one year of the passing of order Annexure P-8.

(3.) Notice of motion was issued. Separate written statements have been filed on behalf of respondent Nos. 1 to 4 and respondent Nos. 6 to 8.