Khubi Son Of Rekha Son Of Panna v. Commissioner, Hisar Division, Hisar And ORS
Civil Writ Petition No.6206 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No.6206 of 1993 Date of Decision: 21.5.2015 Khubi ..Petitioner versus Commissioner, Hisar Division, Hisar and others ..Respondents Civil Writ Petition No.6933 of 1993 Sobha Ram ..Petitioner versus Commissioner, Hisar Division, Hisar and others and Civil Writ Petition No.7119 of 1993 Smt. Shanti and others ..Petitioners versus Commissioner, Hisar Division, Hisar ..respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE AMOL RATTAN SINGH
Present:
Mr. Gurnam Singh, Advocate, for the petitioner. Mr. P.S.Bajwa, Addl.Advocate General,Punjab for respondent nos. 1 and 2.
Mr. Raj Kumar Gupta, Advocate for Mr. Babu Ram Gupta, Advocate, for respondent no.3.
Civil Writ Petition No.6206 of 1993 2 RAJIVE BHALLA, J. (ORAL) By this order, we shall decide Civil Writ Petition Nos. 6206, 6933 and 7119 of 1993 as they arise out of the same impugned judgment.
The petitioners pray for issuance of a writ of certiorari for setting aside orders dated 10.12.1991 (Annexure P-1) and 28.4.1993 (Annexure P-2) passed by Collector, Fatehabad and Commissioner, Hisar Division, Hisar, ordering their eviction. After addressing arguments for some time and when faced with dismissal of the writ petitions, counsel for the petitioners states that he does not press challenge to the eviction order but prays that liberty may be granted to the petitioners to file a petition under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (hereinafter referred to as "the Act"), to prove that the land in dispute even though described "Jumla Mushtarka Malkan, Wa Digar Haqdaran", was never reserved for any common purpose and, therefore, does not vest in the Gram Panchayat under Section 2(g)(6) of the Act.
Counsel for the Gram Panchayat submits that he has no objection to the statement made by counsel for the petitioner. In view of statement made by counsel for the petitioners, the writ petitions are dismissed as withdrawn with liberty as prayed. However, dispossession of the petitioners
Civil Writ Petition No.6206 of 1993 3 shall remain stayed for a period of one month. ( RAJIVE BHALLA ) JUDGE ( AMOL RATTAN SINGH ) 21.5.2015 JUDGE VK