C.W.P.No.9845 of 2013 Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126851
CourtPunjab and Haryana High Court
Decided OnFeb-04-2014
AppellantC.W.P.No.9845 of 2013
RespondentState of Haryana and Others
Excerpt:
in the high court of punjab and haryana at chandigarh date of decision: 04.02.2014 c.w.p.no.9845 of 2013 ranjit singh & others ...petitioners versus state of haryana & others ...respondents coram: hon'ble mr.justice hemant gupta hon'ble mr.justice fateh deep singh1 whether reporters of local papers may be allowed to see the judgment?. 2. to be referred to the reporters or not?. 3. whether the judgment should be reported in the digest?. present : mr.raghubir tejpal, advocate, for the petitioners.mr.d.khanna, addl. ag, haryana, for respondent nos.1 to 4. mr.m.s.kundu, advocate, for respondent no.5. mr.j.s.cooner, advocate, for respondent no.6. hemant gupta, j. (oral) challenge in the present writ petition is to an order dated 05.07.2011 (annexure p-3) passed by the collector, kurukshetra, as affirmed by the commissioner, ambala on 09.01.2013 (annexure p-4).the petitioners herein claim to be purchasers of land measuring 1 kanal from one bhagwan singh vide unregistered sale deed dated 02.05.1964 (annexure p-1) for a total sale consideration of rs.520/-. one jagdish – respondent no.5 filed an application under section 7 of the punjab village common lands (regulation) act, 1961 (for short ‘the act’) alleging that the petitioners are in possession of gair mumkin johar situated in abadi deh, kumar vimal owned by gram panchayat. such johar has been left for the common use of 2014.02.17 13:31 i attest to the accuracy and integrity of this document chandigarh cwp no.9845 of 2013 2 villagers by the gram panchayat and that gram panchayat has constructed a ghat for animals and boundary wall on two sides of the johar. the map of such johar has been produced on record. it was asserted that the present petitioners have encroached upon 5 feet of land by breaking 15 feet wall and by putting earth. such application was dismissed by the assistant collector ist class, thanesar on 27.03.2008 on the ground that the gram panchayat is not proved to be owner of the land in question and that the present petitioners have purchased this land in the sum of rs.520/-. thus, the petitioners are the owner of the suit land. however, in appeal against the said order, the collector passed an order on 14.05.2008 for demarcation of the land in question. the kanungo of the concerned area has demarcated the land in question. such demarcation report has been produced by the petitioners as annexure p-5. a perusal of such reports shows that johar measuring 3 kanals is within the abadi deh and that waste water of some houses falls in it. respondent nos.2 & 3 ( now petitioners.were found to be in possession and that respondent no.3 had constructed 87½ x 14½ feet veranda for animals and 87½ x 32 feet is plain land on which co.dung was stored. thus, on the basis of such demarcation report, the collector has passed an order of eviction on 05.07.2011 (annexure p-3).further appeal has remained unsuccessful vide order dated 09.01.2013 (annexure p-4).learned counsel for the petitioners has vehemently argued that the gram panchayat has not passed any resolution of using the area in question for the common purposes nor the gram panchayat has proved any document of title to prove its ownership. therefore, the order passed by the collector and affirmed by the commissioner are illegal. we do not find any merit in the arguments raised. in terms of section 2(g)(4a) of the act, open land in abadi vests with the panchayat. the kumar vimal 2014.02.17 13:31 i attest to the accuracy and integrity of this document chandigarh cwp no.9845 of 2013 3 land of johar is open land meant for common purposes and, thus, the same would vest with gram panchayat. it is a finding of fact recorded by the collector that the site is of johar in which waste water of some houses falls. during demarcation, water was found by the kanungo at the spot as well. in view of the fact that the land is situated within abadi of which no record of title is available, we find that from the spot inspection the user of the land is made out. such inspection supports the finding that it is a land meant for common purposes of the villagers and is a vacant land within abadi of the village. in view of the above, we do not find any illegality or irregularity in the order passed by the collector and affirmed by the commissioner, which may warrant any interference by this court in exercise of its writ jurisdiction. dismissed. (hemant gupta) judge0402.2014 (fateh deep singh) vimal judge kumar vimal 2014.02.17 13:31 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.02.2014 C.W.P.No.9845 of 2013 Ranjit Singh & others ...Petitioners Versus State of Haryana & others ...Respondents CORAM: HON'BLE Mr.JUSTICE HEMANT GUPTA HON'BLE Mr.JUSTICE FATEH DEEP SINGH1 Whether Reporters of local papers may be allowed to see the judgment?.

2.

To be referred to the Reporters or not?.

3.

Whether the judgment should be reported in the Digest?.

Present : Mr.Raghubir Tejpal, Advocate, for the petitioneRs.Mr.D.Khanna, Addl.

AG, Haryana, for respondent Nos.1 to 4.

Mr.M.S.Kundu, Advocate, for respondent No.5.

Mr.J.S.Cooner, Advocate, for respondent No.6.

HEMANT GUPTA, J.

(ORAL) Challenge in the present writ petition is to an order dated 05.07.2011 (Annexure P-3) passed by the Collector, Kurukshetra, as affirmed by the Commissioner, Ambala on 09.01.2013 (Annexure P-4).The petitioners herein claim to be purchasers of land measuring 1 kanal from one Bhagwan Singh vide unregistered sale deed dated 02.05.1964 (Annexure P-1) for a total sale consideration of Rs.520/-.

One Jagdish – respondent No.5 filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’) alleging that the petitioners are in possession of Gair Mumkin Johar situated in Abadi Deh, Kumar Vimal owned by Gram Panchayat.

Such Johar has been left for the common use of 2014.02.17 13:31 I attest to the accuracy and integrity of this document Chandigarh CWP No.9845 of 2013 2 villagers by the Gram Panchayat and that Gram Panchayat has constructed a Ghat for animals and boundary wall on two sides of the Johar.

The map of such Johar has been produced on record.

It was asserted that the present petitioners have encroached upon 5 feet of land by breaking 15 feet wall and by putting earth.

Such application was dismissed by the Assistant Collector Ist Class, Thanesar on 27.03.2008 on the ground that the Gram Panchayat is not proved to be owner of the land in question and that the present petitioners have purchased this land in the sum of Rs.520/-.

Thus, the petitioners are the owner of the suit land.

However, in appeal against the said order, the Collector passed an order on 14.05.2008 for demarcation of the land in question.

The Kanungo of the concerned area has demarcated the land in question.

Such demarcation report has been produced by the petitioners as Annexure P-5.

A perusal of such reports shows that Johar measuring 3 kanals is within the abadi deh and that waste water of some houses falls in it.

Respondent Nos.2 & 3 ( now petitioneRs.were found to be in possession and that respondent No.3 had constructed 87½ x 14½ feet Veranda for animals and 87½ x 32 feet is plain land on which Co.dung was stored.

Thus, on the basis of such demarcation report, the Collector has passed an order of eviction on 05.07.2011 (Annexure P-3).Further appeal has remained unsuccessful vide order dated 09.01.2013 (Annexure P-4).Learned counsel for the petitioners has vehemently argued that the Gram Panchayat has not passed any resolution of using the area in question for the common purposes nor the Gram Panchayat has proved any document of title to prove its ownership.

Therefore, the order passed by the Collector and affirmed by the Commissioner are illegal.

We do not find any merit in the arguments raised.

In terms of Section 2(g)(4a) of the Act, open land in abadi vests with the Panchayat.

The Kumar Vimal 2014.02.17 13:31 I attest to the accuracy and integrity of this document Chandigarh CWP No.9845 of 2013 3 land of Johar is open land meant for common purposes and, thus, the same would vest with Gram Panchayat.

It is a finding of fact recorded by the Collector that the site is of Johar in which waste water of some houses falls.

During demarcation, water was found by the Kanungo at the spot as well.

In view of the fact that the land is situated within abadi of which no record of title is available, we find that from the spot inspection the user of the land is made out.

Such inspection supports the finding that it is a land meant for common purposes of the villagers and is a vacant land within abadi of the village.

In view of the above, we do not find any illegality or irregularity in the order passed by the Collector and affirmed by the Commissioner, which may warrant any interference by this Court in exercise of its writ jurisdiction.

Dismissed.

(HEMANT GUPTA) JUDGE0402.2014 (FATEH DEEP SINGH) Vimal JUDGE Kumar Vimal 2014.02.17 13:31 I attest to the accuracy and integrity of this document Chandigarh