PHARAS RAM Vs. COLLECTOR, AMBALA

JUDGEMENT

(1.) THIS petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the order dated 21.3.2001 (P1) passed by the Assistant Collector Ist Grade, Ambala and the order dated 13.8.2008 (P3) passed by the District Collector, Ambala.

(2.) THE case of the petitioner is that he and others had purchased about 105 acres of land from the proprietors of Mushtarka Malkan situated in village Kakkar Kunda, Tehsil Barara, District Ambala. As such, they became co-sharers in the land along with other Mushtarka Malkans of the village who were having 5007 shares. The Mushtarka Malkans were joint in possession of the land and had handed-over the possession to the petitioner, which included the land measuring 19 acres as detailed in para 2 of the petition. The respondent-3 - Gram Panchayat of village Kakkar Kunda filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable in Haryana) (Act - for short), seeking eviction of the petitioner from the said land in dispute measuring 19 acres, 1 Kanal and 19 Marlas on the basis of entries made in favour of the Gram Panchayat, in pursuance of Amendment Act No. 9 of 1992. On the said basis, mutation had also been sanctioned in favour of respondent-3 - Gram Panchayat of village Kakkar Kunda. The petitioner claims to be in cultivating possession of the land in dispute for the last more than 15 years and his possession is recorded as Gair Marusi in the Jamabandi for the year 1992-93 (P4). Besides, even in the Jamabandi for the year 2002-03 (P7), his name is recorded as Gair Marusi. Therefore, it is submitted that he is not liable to be evicted from the land in question.

(3.) IN response, learned counsel for respondent-3 Gram Panchayat has submitted that the authorities under the Act have perused the revenue records and found that the same record the land as 'Gair Mumkin Charand' which it is submitted is used for common purposes. It is also submitted that the petitioner has not placed any material on record to dispel the conclusions reached at by the authorities to show that the land in dispute is not Banjar Qadeem Charand.