RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has laid challenge to the order dated 22.2.1991 passed by the Assistant Collector Ist Grade, Sonepat, whereby his petition filed under Section 13 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the 1961' Act) as applicable to State of Haryana, to declare him as owner in possession of khasra No.164 -165 (previous No.2017) measuring 35 kanal 9 marla situated in the Revenue Estate of Village Akbarpur Barota, was dismissed. He also assails the order dated 10.9.1993 of the Commissioner, Rohtak Division vide which the revision petition filed by the Gram Panchayat against the order of the Collector, Sonepat dated 25.8.1992 whereby the order of the Assistant Collector Ist Grade was set aside and the claim of the petitioner was accepted, has been reversed resulting into the dismissal of the above stated declaratory petition.

(2.) The issue that arose for consideration of the authorities was whether there was a public passage going through khasra No.164 -165 and if so, whether such public passage falls within the definition of Shamilat Deh under Section 2 (g) of the Act and thus vests in the Gram Panchayat?

(3.) The Assistant Collector Ist Grade who tried the declaratory suit, personally visited the site on 15.1.1991 in presence of both the parties and other respectables from the village and found that "Rasta No.137 is passing through Khasra Nos.164 -165 at site which is about 5 -6 Karam wide. Rasta is existing at the site. There is no Rasta No.165/3 in the southern portion of Khasra No.165 at the site as claimed by the Plaintiff, instead it is under cultivation of the Plaintiff himself and by the other owners of the adjoining fields and mixed with their fields". The petitioner's petition was thus dismissed holding as follows: -