BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Balbir Singh by way of present petition under Articles 226/227 of the Constitution of India seeks quashing of the order dated 07.11.2007 (Annexure P-3) passed by the Assistant Collector Ist Grade, Sonepat (respondent No.4), the order dated 23.07.2008 (Annexure P- 4) passed by the Collector, Sonepat (respondent No.3) and the order dated

(2.) 01.2009 (Annexure P-5) passed by the Commissioner, Rohtak Division, Rohtak (respondent No.2) alleging the same to have been passed by overlooking and ignoring the mandatory provisions regarding deciding the question of title under the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable in the State of Haryana) (Act-for short) and without going through the records of the case. As such the said orders, it is stated are illegal, arbitrary, without jurisdiction and un-constitutional. 2. The petitioner, it is stated, is 75 years old and is a resident of village Chatiya Aulia, Tehsil and District Sonepat. The subject matter of the present petition forms part of Khewat No.137 which stood entered as; 'Shamlat Deh Hasab Rasad Rakba Khewat' in the column of ownership and the name of the father of the petitioner namely Harkesh Singh stood entered in the column of cultivation along with others in their capacities as proprietors. A reference has been made to the Jamabandi (Record of Rights) for the year 1944-45 (Annexure P-1) in this regard. The consolidation proceedings in village Chatiya Aulia were conducted in the year 1956. The above said land falling in Khewat No.137 was changed into new numbers depicted as Rectangle No.24, Killa Nos.4/1, 7/4 and 7/2 total measuring 5 kanals 12 marlas. The entry in the column of ownership and cultivation qua this land was changed in favour of Gram Panchayat. The 'Misal Haqiat' of the year 1956 (Annexure P-2) wherein this is so recorded has been placed on record. It is submitted that in terms of two separate petitions instituted against the petitioner Balbir Singh by Bhagat Singh (respondent No.6) and the other by the Gram Panchayat, Chatia Aulia (respondent No.5) the petitioner along with one Chander Bhan was sought to be evicted from the disputed land comprised in Rectangle No.24, Killa Nos.4/1 (2-1), 7/2 (1-10) and 7/4 (2-1) total measuring 5 kanals 12 marlas under Section 7 of the Act. The petition filed by Gram Panchayat, Chatia Aulia (respondent No.5) was allowed by the Assistant Collector Ist Grade, Sonepat (respondent No.3) by a consolidated order dated 7.11.2007 (Annexure-P.3) passed in both the applications. The petitioner consequently stood ejected from the specific portion of the disputed land of Rectangle No.24, Killa No.4/East 17, West 17, South 11 and North 11 i.e. (17 x 11) measuring 1 kanal 1 marla and Rectangle No.24, Killa No.7/4 area measuring 2 kanals 1 marla and 'Gair Mumkin Kotha' (room) over Killa No.7/2 area measuring 1 kanal 10 marlas by cultivating fodder and wheat crop on it along with one Chander Bhan.

(3.) LEARNED counsel for the petitioner has contended that the order evicting the petitioner from the land measuring 5 Kanals 12 Marlas has been passed in a summary manner and without considering the question of title that had been raised by the petitioner. It is submitted that in terms of the proviso to Section 7(1) of the Act once a question of title is raised, the same is liable to be determined by the Assistant Collector Ist Grade in accordance with the provisions of the Act. The same having not been considered, the impugned orders, it is submitted, are vitiated and are liable to be set aside and quashed.