ALOK SINGH, J. - (1.) PETITIONER has invoked jurisdiction of this Court under Article 226/227 of the Constitution of India assailing orders dated 9.3.2011 (Annexure P-9) passed by Financial Commissioner, dated 29.1.2010 (Annexure P-8) passed by Commissioner, Hisar Division, and dated 4.8.2009 (Annexure P-7) passed by Collector, Bhiwani.
(2.) PETITIONER and proforma respondents have filed suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (herein after called as 'the 1961 Act') for the declaration that plaintiffs are owners in possession of the disputed land comprised in khewat No. 79/74, khatoni No. 95 total measuring 88 kanal 5 marla, village Kari Aadu; disputed land does not fall within the definition of 'Shamlat Deh'; plaintiffs (petitioner and proforma respondents herein) have been in cultivating possession thereof since the time of their forefathers even prior to 1928 from the date of inception of the village; mutation No. 246, which was sanctioned in favour of Gram Panchayat, is not correct; Gram Panchayat has no concern with the land in dispute. Suit of the petitioner and proforma respondents was contested by the Gram Panchayat. Suit was dismissed by the Collector vide impugned order dated 4.8.2009, which was duly confirmed by the Divisional Commissioner and Financial Commissioner vide impugned orders dated 29.1.2010 and 9.3.2011, respectively, by observing that earlier Gram Panchayat has initiated eviction proceedings against the plaintiffs (petitioner and proforma respondents herein) under Section 7 of the 1961 Act wherein question of title was raised by the plaintiffs and was turned down by the Division Bench of this Court in CWP No. 19211 of 2004 arising out of the eviction proceeding filed by Gram Panchayat and writ petition was dismissed vide order dated 7.7.2006 holding that Gram Panchayat was the owner and petitioner and proforma respondents could not prove their title; therefore, present suit under Section 13-A is not maintainable question of title cannot be allowed to be raised again and again. Feeling aggrieved, petitioner has approached this Court by way of present petition.
(3.) I have heard learned counsel for the petitioner at length and have perused the entire record.;