THAKURDAWARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court for the issuance of a writ in the nature of certiorari for quashing the order dated 16.05.2019 (Annexure P-4) passed by the Collector, Yamuna Nagar whereby they were directed to deposit 50% penalty in the Treasury as a pre-condition for entertainment of their appeal under Section 13-B(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (hereinafter referred to as "the Act").

(2.) The facts, in brief, leading to the filing of the writ petition are that the Gram Panchayat (respondent No.4) had filed an application under Section 7(2) of the Act before the Assistant Collector, Ist Class-cum-District Development and Panchayat Officer, Yamuna Nagar (respondent No.3) against the petitioners seeking their eviction from land measuring 33 kanals 0 marla situated in the revenue estate of village Dasora, Tehsil Chhachhrauli, District Yamuna Nagar.

(3.) After contest, the application was accepted by respondent No.3, vide order dated 18.04.2017 (Annexure P-1) holding that the land is shamlat deh and the petitioners are in illegal possession and are liable to be evicted. He also imposed a penalty of Rs.4,000/- per acre per year from the year 2007 to compensate the Gram Panchayat for the loss suffered by it.