LADU RAM Vs. COMMISSIONER, HISAR DIVISION

JUDGEMENT

(1.) - This order will dispose of Civil Writ Petition Nos. 6376 of 2006 (Ladu Ram v. The Commissioner, Hisar Division, Hisar & others), 6377 of 2006 (Brij Lal & another v. The Commissioner, Hisar Division, Hisar & others), 6378 of 2006 (Mangat alias Mangla v. The Commissioner, Hisar Division, Hisar & others), 6379 of 2006 (Rai Singh & others v. The Commissioner, Hisar Division, Hisar & others), 6716 of 2006 (Ram Karan & others v. The Commissioner, Hisar Division, Hisar & others), 8606 of 2006 (Ran Singh v. Commissioner, Hisar Division, Hisar & others) and 9026 of 2006 (Ram Singh v. Commissioner, Hisar Division, Hisar & others). The facts are being taken from CWP No. 6376 of 2006.

(2.) THE petitioner claims that Khewat No. 249, Khatauni No. 353, Khasra No. 21//10/2, 11, measuring 11 kanals 11 marlas in village Sarwarpur, Tehsil and District Fatehabad is a Jumla Mushtraka land. Reference is made to the entries, Annexure P-1, to show that in the ownership column, land in question is shown to be owned by Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad Rakba Khewat. Gram Panchayat-respondent No.3 has initiated proceedings under Section 7(1) of Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act") for ejectment of the petitioner.

(3.) THE effect of this order, according to the counsel for the petitioner, is that the mutation entries in favour of the State or Gram Panchayat in regard to possession automatically would stand set aside. It is on this basis pleaded that the panchayat has no right in its favour to seek eviction of the petitioner from the land by moving an application under Section 7 of the Act.