SURJAN Vs. COLLECTOR, KARNAL

JUDGEMENT

(1.) The petitioners who are residents of village Majra Roran, Tehsil and District Karnal have impugned the orders dated 1.9.1987 and 29.9.1987 passed by Assistant Collector I Grade, Karnal and Collector, Karnal respectively for quashing of the same.

(2.) The backgrounds of the case leading to the filing of this writ petition are that respondent No. 3 Gram Panchayat, Majra Roran filed an application before respondent No. 2, Assistant Collector Ist Grade, Karnal under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act) as applicable in the State of Haryana with a prayer that the Gram Panchayat is the owner of the land measuring 7 Kanals 12 marlas situated in the abovesaid village. That land is comprised in the Khewat No. 139, Khatauni No. 197, Khasra No. 49/45 as per Jamabandi for the year 1977-78. It was averred in the application that the petitioners were in unauthorised possession of the abovesaid land for the last 1-1/2 years. Is a consequence it was prayed that the present petitioners be ordered to ejected from the land in dispute and penalty be also imposed on them for the use and occupation of the land. The petitioners contested the application on the ground that the land in dispute was in possession of the petitioners as owners. They were in possession for the last about 40/50 years. The Assistant Collector Ist Grade, Karnal, respondent No. 2 vide his order dated 1.9.1987 accepted the application moved by the Gram Panchayat and ordered the ejectment of the petitioners. A penalty of Rs. 6840/- at the rate of Rs. 3000/- per annum per hectare was also imposed on them. The copy of the said order is annexure P-1. The petitioners filed an appeal against the order of Assistant Collector Ist Grade, Karnal but the same was also dismissed vide order dated 29.9.1987 of Collector, Karnal copy Annexure P-2. The petitioners had impugned the order dated 1.9.1987 on the ground that in view of the proviso to Section 7 of the Act, as amended and applicable to the State of Haryana, the Assistant Collector Ist Grade, Karnal in view of the question of title raised, ought in have first decided the question of title by converting the proceedings under Section 13A of the Act but the Collector did not convert the proceedings and passed order Annexure P-1. Collector also failed to decide the question of title.

(3.) Mr. Ashok Singh Chaudhary appearing for the Gram Panchayat contents that there is no dispute that the petitioners were in illegal possession of the land and were liable to be evicted and there is no question of title.