BALBIR SINGH Vs. COMMISSIONER, AMBALA DIVISION, AMBALA

JUDGEMENT

(1.) ADMITTEDLY , the land in dispute belongs to the Gram Panchayat. It appears that petitioners and private respondents are trying to grab the same by one way or the other. Against the petitioners, Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (in short 'the Act') for their ejectment. That application was allowed by the competent authority on 23.1.1996, ordering ejectment of the petitioners from the land in dispute. They failed in appeal, as also in revision. The matter came up before this Court in Civil Writ Petition Nos. 9505, 9506 and 9509 of 1997 and while disposing of Civil Writ Petition No. 9506 of 1997, the following order was passed by this Court on 18.12.2000 :-

(2.) IT is an admitted fact that with a mala fide intention the petitioners did not file any application under Section 13-A of the Act with a view to establish that they are entitled to retain the land. Rather, in a very clever manner they filed another writ petition before this Court bearing No. 8430 of 2002 laying challenge to the vires of Act No. 9 of 1992, they were successful in getting stay of dispossession in their favour. However, that writ petition was ultimately disposed on 13.3.2003. In the meantime, the Gram Panchayat, with a view to get possession of the land in dispute, filed an application for execution of the ejectment order passed in the year 1996 and the Assistant Collector vide order dated 15.10.2003 issued warrant of possession ordering the petitioners to handover possession of the land, to the Gram Panchayat. The petitioners went in revision, which was dismissed vide order dated 18.10.2005 (Annexure P-15). Hence, this writ petition.

(3.) WITH the above observations, this writ petition stands dismissed and directions are issued to the Assistant Collector, Pehowa to execute the warrant of possession expeditiously, preferably within two months from the date of receipt of a certified copy of this order. It is further directed that proceedings be also initiated against the petitioners to realise the amounts of mesne profit from the date they were ordered to be ejected from the land in dispute. However, those proceedings may not be initiated if the petitioners, of their own, hand over possession of the land in dispute to the Gram Panchayat within two months from today. The Gram Panchayat shall produce a certified copy of this order before the competent officer, as referred to above, within 15 days. Petition dismissed.