RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are permanent residents of village Israna, Tehsil Israna, District Panipat, have filed the present writ petition for issuance of a writ in the nature of certiorari for questioning the impugned orders dtd. 7/6/2012 and 23/7/2012 (Annexures P-1 and P-2) passed by respondent No. 4-Asst. Collector first grade, Panipat whereby the ejectment of the petitioners was ordered under sec. 7(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the 1961 Act) from land comprised in Khewat No. 951min/836 Khatauni No. 1156, rectangle No. 12, Killa No. 7 (6-3), 8 (9-18), 13 (8-0), 14 (8-0), 15 (9-18), 16 (8-0), 17 (8-0), 18 (8-0), rectangle No. 13, Killa No. 11 (5-2) total measuring 71 Kanals and 1 Maria situated in village Israna, Tehsil Israna, District Panipat vide Jamabandi for the year 2003-04 (hereinafter referred to as the land in dispute) and order dtd. 9/8/2017 (Annexure P-3) passed by respondent No. 3-the Collector, Panipat whereby the appeal filed against orders dtd. 7/6/2012 and 23/7/2012 (Annexure P-1 and P-2) was dismissed and order dtd. 7/12/2018 (Annexure P-4) passed by respondent No. 2-the Commissioner, Panipat Division, Panipat whereby revision filed against order dtd. 9/8/2017 (Annexure P-3) was dismissed.

(2.) Briefly stated the petition has been filed on the averments that respondent No. 5-Gram Panchayat, Israna filed a petition under sec. 7 (1) of the 1961 Act for ejectment of the petitioners from the land in dispute and imposition of the penalty on them for unauthorised occupation. The petitioners filed reply that they are in regular continuous possession of the land in dispute being gair marusi tenants since the time of their father Dalip Singh who was a gair marusi tenant and question of title is involved. Respondent No. 4 wrongly ordered ejectment of the petitioners from the land in dispute by passing ex-parte order dtd. 7/6/2012 (Annexure P-1) without deciding the question of title. The petitioners filed application for setting aside the ex-parte order which was wrongly and illegally dismissed vide order dtd. 23/7/2012 (Annexure P-2). The petitioners filed appeal before respondent No. 3 who wrongly and illegally dismissed the same vide order dtd. 9/8/2017 (Annexure P-3). Revision filed by the petitioners was wrongly and illegally dismissed by respondent No. 2 vide order dtd. 7/12/2018 (Annexure P-4). The petitioners are in cultivating possession of the land in dispute since the time of their forefathers, much prior to 50 years and the land in dispute does not fall within the definition of shamilat deh under Sec. 2 (g) of the 1961 Act. The petitioners are in long, uninterrupted and continuous possession of the land in dispute as gair marusi tenants and tenancy has not been determined by the Gram Panchayat. The petitioners not being in unauthorized possession of the land in dispute are not liable to be ejected there from. Since the petitioners have no alternative remedy of appeal or revision, hence the petition.

(3.) We have heard learned Counsel for the petitioners and have gone through the material on record.