- (1.) This order shall dispose of Civil Writ Petitions No. 20385 and 10521 of 2011, which are arising from a common order dated 4.2.2010 (Annexure P-26 in CWP No. 20385 of 2011 and Annexure P-20 in CWP No. 10521 of 2011), passed by the Commissioner, Gurgaon Division, Gurgaon, whereby the revision petition filed by the Social Education and Panchayat Officer, Gurgaon under Section 13-B (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana) (hereinafter referred to as 'the Act of 1961') has been allowed and the order dated 21.11.2000 (Annexure P-5 in CWP No. 20385 of 2011 and Annexure P-7 in CWP No. 10521 of 2011), passed by the Assistant Collector Ist Grade, Gurgaon, partly decreeing the title suit filed by the predecessors of the petitioners, has been set aside being illegal and passed without jurisdiction.
(2.) Since the common questions of facts and law are involved in both these petitions, therefore, for the purpose of convenience, the facts are being taken from CWP No. 20385 of 2011.
(3.) The petitioner in this petition has also challenged the interim orders dated 6.2.2006 and 8.1.2008 (Annexures P-22 and P-25), passed by the Commissioner. Vide order dated 6.2.2006, the predecessors of the petitioners and their heirs were restrained from alienating the disputed land by way of mortgage, sale, gift or any other mode, to any other person. They were further restrained from changing the nature of the disputed land or excavating earth from it. Vide order dated 8.1.2008, the revision petition was held to be maintainable and the same was ordered to be heard on merits. It is pertinent to mention here that earlier, the petitioner had filed CWP No. 9024 of 2006 for quashing the order dated 6.2.2006. However, during the pendency of the said petition, the interim order dated 8.1.2008 and the final order dated 4.2.2010 were passed by the Commissioner. When the petitioner filed application to amend the said petition to challenge these two subsequent orders, the petitioner was permitted to withdraw the writ petition with liberty to file fresh one challenging those orders. Hence, the present writ petition was filed.;