CHATAR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed for the issuance: of a writ of certiorari to quash the orders of the Assistant Collector First Grade, Hansi, dated January 23, 1981, as confirmed by the Collector Hissar, dated June 9, 1981.

(2.) IN the year 1974, the Gram Panchayat -respondent No. 3 in this writ petition filed an application for ejectment of the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, on the ground that the land in possession of the petitioners in Khewat No. 284/269 Khatauni No. 547/448 measuring 149 Kanals 18 Marias was Shamlat Deh, and therefore, vested in the Gram Panchayat. The application was allowed by the Assistant Collector, First Grade, Hansi, and the same was confirmed by the Collector, Hisar. Subsequently, the Gram Panchayat sought to take possession of the land in dispute. At that stage, the petitioners filed an application under Section 13 -A of the Act as amended by the Punjab Village Common Lands (Regulation) Act, 1981, under which any person claiming right or title in any land can file a suit for adjudication of his right in the land and for a declaration that the land does not vest in the Panchayat under the Act. The said suit filed by the petitioners in the Court of Assistant Collector was dismissed by the Assistant Collector First Grade by his order dated January 23, 1981. The same was confirmed by the Collector vide his order dated June 9, 19.81. The Assistant Collector and the Collector took the view that since the orders under Section 7 of the Act had become final, the suit under Section 13 -A of the Act was not maintainable and, therefore, there could not be any suit for adjudication of rights of the parties and reopening of the orders under Section 7. Accordingly, the Assistant Collector directed the continuance of the execution filed by the Gram Panchayat. As already observed this order was confirmed by the Collector vide Annexure P -3 dated June 9, 1981. Aggrieved by the said orders, the petitioners have filed this writ petition to quash the same. There is no doubt that Sections 13 -A and 13 -B, were introduced by way of an amendment in the State of Haryana by the Punjab Village Common Lands (Regulation) Haryana Amendment Act. After the amendment, Section 13 -A reads as follows : -