- (1.) Legal representatives of Karan Singh have filed the instant Letters Patent Appeal against the order dated 18.7.2011 passed by the learned Single Judge, whereby the writ petition (CWP No. 8469 of 2010) filed by Karan Singh challenging the order dated 30.9.2005 passed by the Assistant Collector, 1st Grade, Sonepat; order dated 26.10.2006 passed by the Collector, order dated 5.9.2008 passed by the Commissioner, Sonepat Division, Sonepat as well as the order dated 10.3.2010 passed by the Financial Commissioner, Haryana, has been dismissed. Though this appeal is barred by limitation, and along with the appeal, the appellants have filed an application (CM No. 6067 of 2011) for condonation of 46 days' delay in filing the appeal, yet without taking the said delay into consideration, we have heard the learned counsel for the appellants on merits and gone through the impugned order passed by the learned Single Judge.
(2.) In this case in the year 1994 the Gram Panchayat of Village Kumashpur filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 [As Applicable to Haryana] (hereinafter referred to as "the Act") for eviction of Karan Singh from the land in dispute alleging therein that the said land vested in the Gram Panchayat and the possession of said Karan Singh was illegal and unauthorized. Twice, the Assistant Collector 1st Grade dismissed the said application and, twice, those orders were set aside by the Collector and the matter was remanded. Finally, the Assistant Collector 1st Grade vide his order dated 30.9.2005 allowed the application of the Gram Panchayat and ordered the eviction of Karan Singh (since deceased) from the land in question after coming to the conclusion that as per the revenue record the land in question belonged to Shamlat Thola Haridhan and Khana and was being used by the proprietors and non-proprietors as Banjar Kadim Charand, therefore, in view of the provisions of Section 2(g)(3) of the Act, such land was Shamlat Deh and vested in the Gram Panchayat. By finding the possession of the predecessor of the appellants as illegal and unauthorized the Assistant Collector 1st Grade ordered his ejectment from the land in question.
(3.) Feeling aggrieved against the aforesaid order, the predecessor of the appellants filed an appeal before the Collector. The said appeal was dismissed on 26.10.2006 and the order of the Assistant Collector 1st Grade was confirmed. The predecessor of the appellants filed a revision before the Commissioner challenging the order of the Collector. The Commissioner dismissed the revision in view of Proviso to Section 13-B(1) of the Act on account of non-deposit of amount of penalty. He also observed that on merits also the predecessor of the appellants was having no case because as per the entries in the Shart-wazibul-arz and as per Jamabandi for the year 1956-57 the land in question was reserved for common purposes of the village community as Charand, therefore, as per Section 2(g)(3) and (5) of the Act such land vested in the Gram Panchayat. It has also been observed that the possession of the predecessor of the appellants on the land in question was unauthorized and illegal, thus he had rightly been ordered to be evicted by the Collector from the said land. It is pertinent to mention here that in view of Section 13-C of the Act, the order of the Commissioner was final.;