KRISHNA Vs. COMMISSIONER

JUDGEMENT

(1.) - In all the three aforementioned cases viz. Civil Writ Petition No. 5421 of 1987, Regular Second Appeal No. 1985 of 1990 and Regular Second Appeal No. 2313 of 1991, same questions of fact and law are involved. Therefore, these shall be disposed of by a common Judgment.

(2.) FOR the facility of reference, facts have been taken from Civil Writ Petition No. 5421 of 1987. Krishna petitioner has filed this writ petition under Articles 226/227 of the Constitution of India for seeking quashment of Annexures P2 and P3 passed by the Collector Rohtak and Commissioner, Ambala Division, Ambala respectively, inter alia on the grounds that the petitioner is in possession of Khasra No. 66/10 situated in the area of village Sasroli, Tehsil Jhajjar, District Rohtak. The Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to Haryana, (for short, the Act) making a prayer therein that the petitioner be dispossessed from the land in dispute on the ground that she was in unauthorised possession of Khasra No. 66/10.

(3.) IT was averred by Smt. Krishna petitioner that the land in dispute never vested in the Gram Panchayat nor it is a part of the land owned by the Gram Panchayat. In fact, the land in dispute was owned and possessed by the ancestors and the husband of the petitioner. Now the same is owned and possessed by her. She pleaded that the Collector did not properly appreciate the contentions raised before him. Therefore, the finding recorded by the Collector is baseless and erroneous. It was alleged that the Commissioner did not take into consideration the well-reasoned order of the Assistant Collector Ist Grade. The revision petition preferred by the present petitioner was dismissed by the Commissioner in erroneous and illegal manner vide his order, dated November 21, 1985, Annexure P3. According to the petitioner, the orders of the Collector and that of Commissioner being illegal and against the facts are liable to be set aside.