SUDESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing CWP No.29038 of 2018 and CWP No.12579 of 2018 as the issue involved in both the writ petitions is same. However, for the sake of convenience, facts are being taken from CWP-29038-2018. CWP-29038-2018

(2.) An interesting question has arisen in this petition as to whether a revision under Sec. 13-B(2) of the Punjab Village Common Lands (Regulation), Act, 1961 (for short 'the Act of 1961') would be maintainable before the Commissioner against the order passed by the Collector on an application filed under Sec. 7 of the Act of 1961?

(3.) In brief, the facts are that respondent no.5 filed an application under Sec. 7(2) of the Act of 1961 against the present petitioners for seeking their eviction from the land falling in khasra no.14 (6-7), stated to be a Gair Mumkin Abadi, on the ground that the said land is a shamlat deh. The application was allowed by the Assistant Collector Ist Grade (for short 'ACIG'), Indri District Karnal vide its order dtd. 12/2/2018 (Annexure P-5). An appeal filed by the petitioners against that order under Sec. 13-B (1) of the Act of 1961 was dismissed by the Collector on 22/10/2018 (Annexure P-7). The petitioners have, thus, approached this Court by way of writ petition invoking the extra ordinary jurisdiction under Articles 226/227 of the Constitution of India on the ground that the writ petitioners have no other remedy under the statute.