Ajai Lamba, J. - (1.) GRAM Panchayat, Khairwali Paarwala filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'The Act'), as applicable to Haryana against the petitioners on the ground that the petitioners were in unauthorized possession of land measuring 20 kanals comprised in Khasra No. 41, Revenue Estate Amrala, District Panchkula. Vide order Annexure P -7 dated 23.01.2001, the Assistant Collector 1st Grade directed the petitioners to he ejected. Even penalty was imposed on the petitioners @ Rs. 5,000/ - per hectare per year. The petitioners went in appeal before Collector, Panchkula. Vide order Annexure P -8 dated 18.01.2002, the appeal has been dismissed. The Collector has observed that the petitioners have not produced any evidence, despite opportunities having been given to them. The petitioners were clearly in unauthorized possession of land dispose.
(2.) IT appears that the petitioners filed CWP No. 4478 of 2002 its challenge to orders Annexures P -7 and P -8. It seems that when the petition of the petitioners was being dismissed, after arguing for some time, the petitioners withdrew the petition so as to file a suit under Section 13A of the Act. It was stated on behalf of the petitioners that the impugned orders would be challenged inter alia on the ground that the land, subject matter of dispute, was not reserved for common purposes during consolidation proceedings. Order passed by this Court on 17.03.2004 reads as under: - After arguing for sometime learned counsel prays that this petition may be dismissed as withdrawn as the petitioner would be rather advised to file a title suit under Section 13A of the Punjab Village Common Lands (Regulation) Act, 1961, wherein the impugned order of eviction shall also be challenged, inter alia, on the grounds that the land, subject matter of dispute was not reserved for common purposes during the consolidation proceedings. In view of the statement made by learned counsel, this petition is dismissed as withdrawn. The petitioners thereafter fired a suit under Section 13A of the Act with the plea that they are joint owners in possession of the suit land and Panchayat has no concern with the land. It was pleaded on behalf of the petitioners that in the column of cultivation, in the jamabandi for the year 1982 -83, 1987 -88 and 1992 -93, the petitioners have been recorded as the persons in cultivation. In the column of ownership "Shamlat Deh Hasab Rasad Jar Khewat" has been recorded. After taking evidence, orders have been passed by Collector, Panchkula i.e. Annexure P -10 dated 30.03.2007, thereby holding that the land vests in Shamlat Deh and petitioners have no concern with the land. It has been noticed by the Collector that Khasra No. 41 i.e. the suit land is recorded as Shamlat Deh in jamabandi for the year 1960 -61. The old khasra numbers and new khasra numbers could not be compared. The petitioners did not produce any record in that regard. Onus was on the petitioners to prove that the land in dispute falls within one of the exceptions of the definition of Shamlat Deh. As per the evidence produced by the petitioners, the petitioners are neither Khewatdars of the village nor they have been able to prove their possession over the land prior to 26.01.1950.
(3.) THE petitioners filed appeal before the Commissioner, Ambala Division, which has been dismissed vide order Annexure P -11. The petitioners filed a revision petition before the Financial Commissioner, which has also been dismissed vide order Annexure P -12 dated 09.09.2008.;