RAMA SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of the above writ petitions as challenge is to the same orders passed by the authorities under the Punjab Village Common Lands (Regulations) Act, 1961 (as applicable to the State of Haryana) (Rs.1961 Act' for short).

(2.) THE respective petitioners in these six petitions assail the following orders :-

(3.) THE petitioners Ram Krishan and others have stated that they are owners in possession of land measuring 77 kanals 0 marla comprised in khewat No. 67/65, Khatauni No. 81 in Village Kari Adu. They have been in possession from the time immemorial and are cultivating the same till date. The previous Khewat No. of the land of Khewat No. 67/65 was 36/29 as shown in the Jamabandi for the year 1928 A.D. The entries in the column of ownership were Shamilat Deh Hasab Rasad Raqba Khewat. These entries, it is stated, show that the ownership of this Khewat was joint and Girdhari and Shobha, Jat, the predecessor-in- interest of the petitioners were owners in possession of the land in dispute as co-sharer of the village in proportion to their share in the joint holding. The entries of this land were repeated in the Jamabandis for the years 1936- 37, 1940-41, 1944-45, 1952-53, 1956-57, 1967-68, 1972-73 and 1977-78. The extracts of copies of the Jamabandis for the years 1928, 1936-37, 1956-57, 1967-68, 1977-78, 1980-81, 1992-93 are attached as Annexure P-1 to P-7. The consolidation in the village took place in the year 1980. During consolidation Shamilat Deh land of Khasra No. 141/24B-13B, 162/0B-19B was converted into land measuring 121 kanals 15 marlas comprised in killa No. 49//11, 12, 31/120; Killa No. 50//21/1, 12 to 19, 22, 23, 24 and 25/1 in 1981. The land was being cultivated by Puran son of Moti etc., the predecessors-in-interest of the petitioners. The Consolidation Department gave possession of the land to Hari Ram son of Puran son of Moti. The petitioners have been in cultivating possession of this land since 1928 to 1981 as shown in the Jamabandi.