- (1.) This writ petition has been directed against the order dated 29.1.1982 (Annexure P-3) passed by the Assistant Collector Ist Grade, Nuh, whereby the petitioner (now deceased through his LRs) was ordered to be evicted from the land in dispute measuring 72 kanals 12 marlas, situated in village Jangal, after holding that the land in question vested in the Gram Panchayat and possession of the petitioner over the said land is illegal and unauthorised; as well as against the order dated 31.5.1983 (Annexure P-4), whereby the appeal of the petitioner against the aforesaid order was dismissed by the Collector, Gurgaon. In this case, the Social Education and Panchayat Officer, Nuh, filed application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana) (hereinafter referred to as 'the Act') seeking eviction of the petitioner from the land in question, claiming therein that it vested in the Gram Panchayat and the petitioner has illegally and unauthorisedly occupied the same. Initially, vide order dated 22.7.1980 (Annexure P-1), the Assistant Collector Ist Grade, after hearing counsel for the parties, summarily dismissed the said application, while holding that the land in question was not shamilat deh and as such, did not vest in the Gram Panchayat. Feeling aggrieved against the said order, the Social Education and Panchayat Officer filed appeal before the Collector, who vide order dated 31.12.1980 allowed the appeal while holding that the Assistant Collector could not decide the question of title summarily, and remanded the matter to the Assistant Collector with a direction to exercise his power under the provisions of Section 7 of the Act by converting the eviction application into a title suit and then after framing the issues and providing opportunity of hearing to both the parties to lead evidence, decide the question of title, by adopting the procedure prescribed under the Act to decide the title suit.
(2.) The Assistant Collector Ist Grade, after remand, vide order dated 29.1.1982, allowed the application filed on behalf of the Gram Panchayat and the petitioner being in illegal and unauthorised possession of the land in question was ordered to be ejected therefrom. The Assistant Collector Ist Grade, on the pleadings of the parties, had framed the following issues : 1) Whether the land in dispute comes within the definition of shamilat deh and vests in the Gram Panchayat ? OPP 2) Whether the respondent is in un-authorised possession of the land in dispute ? OPP
(3.) Both the parties were afforded opportunity to lead evidence in support of their respective claims. Finally, issues No.1 and 2 were decided against the petitioner. It was held that in the revenue record, the land in dispute was shown as shamilat deh, therefore, in view of Section 2 (g) (1) of the Act, such land vested in the Gram Panchayat. The contention of the petitioner that in the revenue record, the land in dispute was recorded as Banjar Qadim and was not shown to be used for the common purpose of the village, was not accepted, as according to clause 2 of 'Sharat Wazib-Ul-Arz' of 1938-39, it was recorded that the shamilat deh was reserved for the charagah and was not to be divided among the proprietors. On issue No.2, the petitioner was found to be in illegal and unauthorised occupation of the land in question.;