Judgment:
CWP No.27840 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:21.4.2014 1.
CWP No.27840 of 2013(O&M) Prem Singh and others ….Petitioners VERSUS State of Haryana and others .....Respondents Present: Mr.Vikram Singh, Advocate for the petitioneRs.Ms.Shubhra Singh, DAG, Haryana for respondent No.1.
None for respondents No.2 to 5.
**** 2.
CWP No.26310 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 31.
**** 3.
CWP No.26314 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 14.
Diwakar Gulati 2014.04.23 12:55 I attest to the accuracy and integrity of this document CWP No.27840 of 2013 2 **** 4.
CWP No.26330 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 9.
**** 5.
CWP No.26335 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 25.
**** 6.
CWP No.26336 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 21.
**** Diwakar Gulati 2014.04.23 12:55 I attest to the accuracy and integrity of this document CWP No.27840 of 2013 3 7.
CWP No.26337 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 32.
**** 8.
CWP No.26512 of 2013(O&M) Gram Panchayat Village Manana ….Petitioner VERSUS The Commissioner, Rohtak Division, Rohtak and others .....Respondents Present: Mr.Ramesh Sharma, Advocate for the petitioner.
Ms.Shubhra Singh, DAG, Haryana for respondents No.1 to 6.
Mr.AdaRs.Jain, Advocate for respondents No.7 to 28.
**** CORAM: HON'BLE Mr.JUSTICE HEMANT GUPTA HON’BLE Mr.JUSTICE FATEH DEEP SINGH ******* HEMANT GUPTA, J.(Oral) This order shall dispose of CWP Nos.26310, 26314, 26330, 26335, 26336, 26337 and 26512 of 2013 filed by Panchayat and CWP No.27840 of 2013 filed by the persons in occupation against the common order of the Commissioner, Rohtak Division, Rohtak dated 30.01.2013.
Vide the said order, the Commissioner has passed an order deciding proceedings under Section 13-A of the Punjab Village Common Lands (Regulation) Act, Diwakar Gulati 2014.04.23 12:55 I attest to the accuracy and integrity of this document CWP No.27840 of 2013 4 1961 (for short ‘the Act’) holding that the Panchayat and the occupants both have failed to prove their ownership.
In these writ petitions preferred against the order passed by the Commissioner, the learned counsel for the parties agree that the findings recorded by the Commissioner are not sustainable as the question of title has to be finally decided in proceedings under Section 13-A of the Act and cannot be left undecided.
In view of the said fact, the order passed by the Commissioner on 30.1.2013 is set aside and the cases are remitted to the Commissioner to decide question of title on the basis of documents on record or the such other documents, which the Commissioner may permit the parties to produce on record after recording a categorical finding in respect of ownership of the land in question.
The Commissioner shall take steps for expeditious disposal of the cases preferably within a period of 6 months in accordance with law.
The parties through their counsels are directed to appear before the Commissioner on 20.05.2014.
Disposed of.
(HEMANT GUPTA) JUDGE APRIL21 2014 (FATEH DEEP SINGH) ‘D.
Gulati’ JUDGE Diwakar Gulati 2014.04.23 12:55 I attest to the accuracy and integrity of this document