RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners-11 in number are residents of Village Challaur, Tehsil Bilaspur, District Yamuna Nagar.

(2.) By filing this writ petition they are seeking a writ of mandamus directing the respondents to decide the stay application filed by them alongwith ROR No.48/2015-16 with a further prayer to stay operation/execution of warrants of possession issued by respondent no.4- Block and Panchayat Officer,Jagadhari.

(3.) Facts in brief are that petitioners filed a suit under Sec. 13- A of the Punjab Village Common Lands (Regulation)Act,1961, as applicable to State of Haryana with the averments that they were owners in possession as per their share of the land measuring 601 kanal 12 marla, fully described in para 2 of the present petition. Further it was inter alia their case that at the time of consolidation in the year 1951-52 the land in question was taken on the basis of pro-rata-cut basis and the same was not reserved for any common purpose under the Consolidation Scheme but wrongly mutated in favour of Gram Panchayat. It was prayed that since the land in question did not vest in Gram Panchayat under the new shamlat law, therefore, decree of declaration be passed declaring petitioners to be owners of the suit land and further restraining the Gram Panchayat from interfering in peaceful possession of the petitioners. Reliance was placed upon decision of this Court in CWP 5877/1992 titled Jai Singh v State of Haryana, decided on 13/3/2003.