- (1.) The petitioner prays for issuance of a writ of certiorari quashing orders dated 03.03.2008 (Annexure P-7) and 13.10.2011 (Annexure P-9), passed by the Collector, Karnal and the Commissioner, Rohtak Division, Rohtak.
(2.) The petitioner is, admittedly, in possession of the land, in dispute, which measures 10 marlas and bears Khewat No.235, Khatauni No.299, Rect. No.26, Khasra No.19/2(0-5) and 19/3(0-5) as per jamabandi for the year 2003-04. Hukam Chand, respondent no.4, filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act') praying that as the land, in dispute, belongs to the Gram Panchayat and the petitioner is in unauthorised occupation, he should be evicted.
(3.) The petitioner raised a plea that the land, in dispute, was allotted to Mangal son of Gian son of Chhota and Nathu son of Sukh Ram son of Balak, during consolidation as a "Gair Mumkin Bara". Mangal and Nathu have transferred their rights in favour of the petitioner and, thus, the petitioner is not an unauthorised occupant and cannot be evicted from the land, in dispute. The petitioner also pleaded that as land is a "Gair Mumkin Bara", the petition, filed under Section 7 of the 1961 Act, is not maintainable. The Gram Panchayat supported the case of the petitioner. The Assistant Collector Ist Grade-cum-District Development and Panchayat Officer, Karnal, dismissed the petition by holding that as the petitioner is recorded as "Gair Marusi", he cannot be evicted.;