J.L. Gupta, J. - (1.) The petitioners are aggrieved by the order dated May 18, 1999 passed by the Commissioner, Ambala Division. A copy of this order has been produced on record as Annexure P -6. By this order the Commissioner has directed the Assistant Collector, 1st Grade, Guhla, to execute the order of ejectment within a period of three months. The petitioners pray that this order be quashed. A few facts may be noticed.
(2.) Roop Singh (who is not a party) filed a petition under Sec. 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 alleging that Surta (the predecessor -in -interest of the petitioners) and others wee in illegal occupation of Shamlat land which vested in the Panchayat. The application was contested. Vide order dated March 31, 1994, the Assistant Collector, 1st Grade, found that the land was entered as 'Charand in Wazib -Ul -Araj. It falls within the definition of 'Shamlat land' as contemplated under Sec. 2(g) of the Act. The possession of Surta was illegal. A penalty of Rs. 80007 - per hectare per year was imposed. He was ordered to be evicted.
(3.) The petitioners, who are the successors -in -interest of Surta, allege that they had challenged this order in C.W.P. No. 4640 of 1994, Initially, the Bench had stayed their dispossession vide order dated August 24, 1994. On March 10, 1995, the writ petition was finally disposed of with the following observations: "This is an application for vacation of stay granted on 24.8.1994. In the main civil writ petition challenge is to the provision of Punjab Village Common Lands (Regulation) Act Haryana Amendment Act, 1991 being ultra vires the Constitution of India. This petition was awaiting the decision of Full Bench in Civil Writ Petition No. 5877 of 1992 (1995 PLJ 83) which has been decided. We dispose of the Civil Misc. and the writ petition in terms of the decision rendered by the Full Bench in Civil Writ Petition No. 5877/1992 (:1995 PLJ 83). No costs. 10.3.1995 Sd/ - Ashok Bhan Judge Sd/ - V.K. Bali Judge".;