(1.) THE petitioners aggrieved against the order dated 18.10.2007 (Annexure-P.5) passed by the Commissioner, Gurgaon Division, Gurgaon (respondent No. 1) and the order dated 27.12.2006 (Annexure-P.3) passed by the District Collector, Mewat/Nuh have filed the present petition under Articles 226/227 of the Constitution of India seeking quashing of the said orders.
(2.) THE Gram Panchayat, Agon (respondent No. 3) 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 land measuring 136 Kanals 5 Marlas as detailed in the order dated 11.8.2004 (Annexure-P.1) passed by the Assistant Collector Ist Grade, Ferozepur Zhirka. It was alleged that the petitioners and their predecessor-in-interest were in unauthorized possession of the said land after expiry of the lease. The application of the Gram Panchayat (respondent No. 3) was dismissed by the Assistant Collector Ist Grade, Ferozepur Zhirka vide order dated 31.8.2004. It was observed on the basis of evidence and statements recorded that the petitioners had proved from the revenue record that they were in cultivation Billa Lagan. Therefore, it was observed that the land does not fall under Section 7(2) of the Act. The Gram Panchayat, Agon aggrieved against the said order filed an appeal (Annexure-P.1) before the Collector, Gurgaon. The District Collector, Mewat/Nuh vide order dated 27.12.2006 (Annexure-P.3) accepted the appeal and set aside the order dated 31.8.2004 (Annexure-P.1). It was observed that the land in dispute was the property of Gram Panchayat, Agon on which the petitioners were in illegal possession. Besides, the Gram Panchayat (respondent No. 3) had leased out the disputed land and Kallu, father of the petitioners had taken the land on 'Patta' from the Gram Panchayat (respondent No. 3) from the year 1960-61. The petitioners aggrieved against the order dated 27.12.2006 (Annexure-P.3) passed by the District Collector, Mewat/Nuh preferred a revision (Annexure-P.4) before the Commissioner, Gurgaon Division, Gurgaon which has been dismissed vide impugned order dated 18.10.2007 (Annexure-P.5). From the copies of the Jamabandis available on the file it was observed that the land in dispute was the property of the Gram Panchayat (respondent No. 3).
(3.) AFTER giving my thoughtful consideration to the contentions of the learned counsel for the petitioners and perusing the record, I find no merit in the same. The Gram Panchayat, Agon (respondent No.3) filed a petition under Section 7of the Act seeking eviction of the petitioners. As per Jamabandis for the years 1962-63, 1967-68 and 1997-98 (Annexures- P.7, P.8 and P.9) respectively the ownership of the land in question is recorded in the name of Gram Panchayat. In the column of cultivation Kallu son of Kale Khan son of Chhota Khan is recorded as 'Gain Marusi' in the three afore-referred Jamabandis. Therefore, the predecessor-in-interest of the petitioners having been recorded as 'Gair Marusi' he cannot possibly acquire the status and rights of 'Marusi' (occupancy tenant) as contended by the learned counsel for the petitioners. The fact that the petitioners acquired rights of ownership being an occupancy tenant is clearly misconceived.