Ajai Lamba, J. - (1.) CHALLENGE in this petition is to Order dated 29.9.2006 (Annexure P -4) passed by Assistant Collector 1st Grade, Panipat; Order dated 15.5.2007 (Annexure P -3) passed by Collector, Panipat; and Order dated 11.12.2009(Annexure P -6) passed by Commissioner, Rohtak Division, Rohtak.
(2.) GRAM Panchayat, Dahar, Tehsil &District Panipat, filed an application under Section 7 of the Punjab Village Common Lands(Regulation) Act, 1961 (for short, 'the Act') as applicable to Haryana, in regard to the land measuring 122 kanal 9 marlas, praying for ejectment of Respondent No. 5, Mange Ram son of Duli Chand. Vide Order dated 29.9.2006(Annexure P -4), it has been held that neither the question of title of land has been decided nor in regard to the fact that work of Dohli has ended. It has been held that without getting the said questions decided, Panchayat cannot file the application under Section 7 of the Act. Under the circumstances, the case was adjourned sine die.
(3.) PETITIONER carried an appeal which has been dismissed by Collector, Panipat, vide Order dated 15.5.2007 (Annexure P -5) upholding the order (Annexure P -4) passed by Assistant Collector 1st Grade, Panipat. Likewise, Commissioner, Rohtak Division, Rohtak, dismissed the revision petition filed by the Petitioner, vide Order dated 11.12.2009 (Annexure P -6) while holding in the following terms: In these circumstances, I agree with the findings of the collector that the Gram Panchayat was required to get the Dohli tenure ended and title of land decided by the civil court but instead of complying with the order of divisional commissioner, the gram panchayat has again filed ejectment potions against the Respondent which is not maintainable. Regarding the judgments of the civil courts dated 15.5.2004 and 18.11.2005, the collector has rightly observed that these suits were filed by the Respondent and not by the Gram Panchayat and no issue for cancellation/ending of Dohli was framed therein. so, in the light of the observations made above, I do not fined any illegality in the impugned orders of the lower courts and accordingly, finding non force in the present revision petition, the same is dismissed.;