PIARA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of C W. P. No. 4444 of 1987 and C. W. P. 5442 of 1986 as Common questions of law and fact are involved.

(2.) I have alluded to the facts as given in C. W. P. No. 4444 of 1987. Piara Lal (hereinafter referred to as the petitioner) filed an application under Section 5 of the Punjab Village Common Lands (Regulation) Act 1961 (for short, the Act) against respondent No. 4, Puran, on the ground that the latter was in unauthorised occupation of Shamlat land. The application was accepted by the Collector, Sonepat vide his order dated April 16, 1963 and respondent No. 4 was ordered to be ejected from the disputed land The order of the Collector, Sonepat was affirmed by the higher authorities vide orders passed on July 2, 1963 and June 30, 1964.

(3.) RESPONDENT No. 4 filed a suit for an injunction against the orders of the revenue authorities on the ground that the land was not Shamlat Deh. The suit was dismissed by the Sub Judge 1st Class, Sonepat. However, his appeal was allowed by the Senior Subordinate Judge, Rohtak. The petitioner challenged the judgment and decree of the Subordinate Judge in R. S. A. No, 1071 of 1966 titled as Piara Lal and Ors. v. Puran. This appeal was allowed by a Single Judge of this Court on February 10, 1977.