MAHAN SINGH Vs. COLLECTOR ETC

JUDGEMENT

(1.) THE petitioners have challenged the order of Collector, Sonepat dated September 23,1980, reversing in appeal the order of Assistant Collector Ist Grade, Gohana dated April 3, 1979, in this petition under Articles 226/227 of the Constitution of India.

(2.) RESPONDENT No. 2-Gram Panchayat Ahulana through its Sarpanch filed an application Under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the Act) for evicting the petitioners from the land in dispute. The Assistant Collector Ist Grade, Gohana, dismissed the application vide order dated April 3, 1979. Respondent No. 2 assailed the order of the Assistant Collector in appeal before the Collector, Sonepat, who allowed the same vide his order dated September 23,1980, observing thus :

(3.) KIDARA and others filed a Civil Suit under Order 1, Rule 8, Civil Procedure Code, on behalf of Thola Bhitarala of village Ahulana for permanent injunction restraining Baru son of Molu and petitioners No. 1 and 2 encroaching upon the site and not to cut the trees standing thereon. The petitioners No. 1 and 2 and Baru contested the claim of the plaintiffs. On the pleadings of the parties, issue No. 1, reading thus, was framed by the trial Judge : "whether the dispute site 'abcd' mentioned in the plan dated 2. 10. 73 is owned by Thola Bhiterola? OPP" The civil Court held thus : "in view of this, these two issues are to be decided against the plaintiffs since the disputed site is situated in Abadi Deh and is not owned by the said Thola and is not possessed also by anyone and hence the same vests in the Gram Panchayat. These issues are hereby decided against the plaintiffs.