SARDARA DEVI Vs. COMMISSIONER, HISSAR DIVISION

JUDGEMENT

(1.) IN this petition, the petitioners have prayed for quashing orders dated 15.10.1980 (Annexure P.I), 25.2.1981 (Annexure P.II) and 28.11.1983 (Annexure P.III) passed by Sub Divisional Officer (Civil), exercising the powers of Assistant Collector Ist Grade, Bhiwani (respondent No. 3); Collector, Bhiwani (respondent No. 2) and Commissioner, Hissar Division, Hissar (respondent No. 1) respectively under the Punjab Village Common Lands (Regulations) Act, 1961 (for short, 'the Act'), as applicable to the State of Haryana.

(2.) LATE Shri Kanha Ram, of whom the petitioners claim to be the legal representatives, filed a suit on 3.10.1978 in the Court of respondent No. 3 with the prayer that he be declared as the owner of land measuring 15 kanals 10 marlas situated in Village Palwas, Tehsil and District Bhiwani and mutation No. 1602 dated 15.5.1954 sanctioned in favour of Gram Panchayat, Palwas (respondent No. 4) may be declared as illegal. He claimed that the land in question was in his possession since 1950 and respondent No. 4 has no right over it. The suit was dismissed by respondent No. 3 vide order dated 15.10.1980 on the ground that the same was time barred. Respondent No. 3 held that the mutation sanctioned in favour of respondent No. 4 could be challenged within 6 years and as the suit had been filed after 24 years, the same was liable to be dismissed. The appeal and revision filed by the present petitioners were dismissed by respondents No. 2 and 1 respectively.

(3.) SHRI Daljeet Singh, counsel for respondent No. 4 supported the impugned orders and argued that the suit filed by late Shri Kanha Ram on 3.10.1978 for cancellation of mutation dated 15.5.1954 was clearly barred by time and the same was not saved by virtue of the amendment made in the Act by Haryana Act No. 2 of 1981 which was published in Haryana Government Gazette (Extra- Ordinary) dated 15.12.1980.