Punjab-Haryana High Court
Shiv Kumar And Others vs State Of Haryana And Others on 23 January, 2019
Author: Jaswant Singh
Bench: Jaswant Singh
CWP-1784-2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP-1784-2019 (O&M).
Decided on: January 23, 2019.
Shiv Kumar and others
.. Petitioners
VERSUS
State of Haryana and Ors.
.. Respondents
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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
HON'BLE MR.JUSTICE ARUN KUMAR TYAGI
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PRESENT Mr.Vikram Singh, Advocate,
for the petitioners.
JASWANT SINGH, J. (ORAL)
Six (6) petitioners namely Shiv Kumar, Kamal Kumar, Bahoti Devi, Amar Nath, Amar Singh and Ramesh Kumar, are residents of village Chhallaur, Tehsil and District Yamunanagr, and in the separate eviction petitions filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana), (for short 'the 1961 Act') qua the land in their alleged unauthorised occupation, they stand evicted vide separate orders of even 1 1 of 3 ::: Downloaded on - 10-02-2019 13:04:39 ::: CWP-1784-2019 (O&M) date i.e. 11.12.2015, passed by the Assistant Collector First Grade, Bilaspur.
The individual appeals filed by them also stand decided in favour of the Gram Panchayat vide separate orders of even date i.e. 20.12.2012, (Annexure P1) passed by the Collector, Yamunanagar. The revision petition filed by them is stated to be pending before the revisional authority i.e. the Financial Commissionerm, Haryana, wherein no steps against the orders of ejectment have been taken.
It transpires that the aforesaid petitioners filed a joint title suit under Section 13-A of the 1961 Act, which stands decided against them and in favour of the Gram Panchayat vide order dated 20.12.2012 (Annexure P1) passed by the Collector, Yamunanagar and the appeal filed by the petitioners also stands decided in favour of the Gram Panchayat vide order dated 4.9.2015 (Annexure P3), passed by the Appellate Authority - Commissioner, Ambala Division, Ambala.
The petitioners have filed ROR Nos.48 of 2015-16 (Annexure P4), before the revisional authority i.e. before the Government wherein, no stay has been granted and the same is stated to be pending.
By filing the instant petition, the petitioners are seeking a mandamus for staying the operation of the warrants of possession issued by the Assistant Collector - BDPO, Jagadhari - respondent No.4, seeking to enforce the orders of eviction.
It is contended that without the final adjudication by the Revisional Authority under the Statute, the eviction orders cannot be 2 2 of 3 ::: Downloaded on - 10-02-2019 13:04:39 ::: CWP-1784-2019 (O&M) implemented/executed in view of the settled law.
Upon notice, Mr.Arun Beniwal, DAG, Haryana, appearing for the State, is unable to really contest the aforesaid legal position.
In view of orders proposed to be passed, notice to the Gram Panchayat, is considered unnecessary, at this stage. Accordingly, the instant writ petition is disposed of with the directions to the Revisional Authority seized of the title dispute to decide the revision within a period of six months from the receipt of certified copy of the order.
Till then, the orders of eviction against the petitioners shall not be executed.
(JASWANT SINGH)
JUDGE
January 23, 2019. (ARUN KUMAR TYAGI)
raj arora JUDGE
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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