DHARMPAL Vs. COLLECTOR, JHAJJAR

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing CWP Nos. 3599 and 14411 of 2015 as the common questions of facts and law are involved therein.

(2.) The controversy pertains to the land comprising Rectangle No.42, Khasra No.6, 15/1, Rectangle No.43 Khasra Nos.10/1, 10/2 and 11/1, situated within the revenue estate of Village Mundsa, Tehsil Matanhail, District Jhajjar.

(3.) The Gram Panchayat of the Village filed an eviction petition against the petitioners claiming that the land in dispute was reserved for 'common purposes' at the time of consolidation and consequently the 'management' and 'control' of such land vests in Gram Panchayat. After previous round of litigation, wherein at one point of time, the claim of the Gram Panchayat was rejected, the Assistant Collector, Ist Grade, Jhajjar eventually accepted the petition vide order dated 19.2.2014 and ordered eviction of the petitioners on the ground that as per the revenue record, the land is under the ownership of Gram Panchayat and part of it was recorded as 'Banjar Kadim' which vests in the Gram Panchayat. The aggrieved petitioners preferred appeal which has been dismissed by the Deputy Commissioner-cum-Appellate Authority, Jhajjar vide order dated 20.1.2015.