- (1.) This order shall dispose of CWP Nos. 2079, 2351, 2352, 2445, 2446, 2447, 2448 of 1998; 12573 of 1999 as the point in issue which arises for consideration in these cases is common in nature. The parties are also common in the sense that inhabitants of Village Surmi, Tehsil Pehowa, District Kurukshetra are the writ petitioners whereas the Gram Panchayat of their village is the sole contesting respondent. For brevity, the facts are being extracted from CWP No. 2079 of 1998. The petitioners besides challenging the mutation sanctioned way back on 17.07.1954 (Annexure P6), assail the orders dated 20.05.1997 (Annexure P3) whereby the Assistant Collector, First Class, Pehowa accepted the eviction petition filed by the Gram Panchayat - respondent No. 5 under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to State of Haryana (in short, 'the 1961 Act') and rejected their contention that the question of title was involved, as well as the orders dated 07.07.1997 & 26.11.1997 (Annexure P4 & P5) whereby their appeal and revision petition against the eviction orders have been dismissed.
(2.) The three petitioners who are sons of Harphool along with one Sultan s/o. Shishu had earlier filed a petition under Section 13A of the 1961 Act claiming proprietorship on the subject land in their possession for more than 12 years prior to the commencement of 1961 Act. The said land formed part of the total land measuring 562 kanals 6 marlas, details whereof find mention in the orders under challenge. The Assistant Collector vide order dated 04.08.1992 (Annexure P1) accepted the petition and declared the petitioners owner of the land in dispute.
(3.) It appears that the Collector, namely, the Appellate Authority vide order dated. 27.01.1993, remanded the case to the Assistant Collector for fresh adjudication. The Assistant Collector, however, vide order dated 17.01.1994 again accepted the claim of petitioners. Unfortunately, the order dated 17.01.1994 has not been placed on record.;