Rajive Bhalla, J. - (1.) THE petitioners pray for issuance of a writ of certiorari, quashing order dated 31.3.2008 (Annexures P -8) passed by respondent No. 3, order dated 29.5.2009 (Annexure P -9) passed by respondent No. 2 and order dated 13.1.2010 (Annexure P -10) passed by respondent No. 1. The only point that arose for consideration before the Collector, the Commissioner and the Financial Commissioner, was whether the land in dispute which is, admittedly, Shamilat deh, Hasab Rasad Jare Khewat recorded in possession of Maqbooja Malkan, is excluded from Shamilat deh by virtue of Section 2(g)(i) of the Punjab Village Common Lands.(Regulation) Act, 1961, as applicable to the Haryana (hereinafter referred. to as 'the Act') as it is subject to river action.
(2.) THE petitioners approached the Collector by way of a petition filed under Section 13A of the Act, praying that as the land in dispute is subject to river action, it is excluded from Shamilat deh by virtue of Section 2(g)(i) of the Act. The Collector, Panchkula rejected the petitioners' contentions primarily on the ground that the Collector, has already passed an order on 23.9.2000 under the Mines and Minerals Act, 1957, holding that the Gram Panchayat is owner of the land in dispute. The appeal and the revision filed by the petitioners were also dismissed on the same ground.
(3.) COUNSEL for the petitioners submits that the order passed by the Collector, under the Mines and Minerals Act, 1957, has no bearing upon proceedings under Section 13A of the Act, as the only authority, statutorily conferred with jurisdiction to determine whether land is Shamilat deh or not, is the Collector, exercising powers under Section 13A of the Act. It is further submitted that the Collector was required to consider the question whether the land is subject to river action and decide it on the basis of the revenue record.;