S.S.SARON, J. - (1.) THIS order will dispose of the above writ petitions as challenge is to the same orders passed by the authorities under the Punjab Village Common Lands (Regulations) Act, 1961 (as applicable to the State of Haryana) (Rs.1961 Act' for short).
(2.) THE respective petitioners in these six petitions assail the following orders :- (1) The order dated 27.9.2000 passed by the Assistant Collector Ist Grade, Charkhi Dadri (respondent No. 4); (2) The order dated 11.12.2000 passed by the Collector, Bhiwani (respondent No. 3); (3) The order dated 1.5.2003 passed by the Commissioner, Hisar Division, Hisar (respondent No. 2); and (4) The order dated 24.11.2004 passed by the Commissioner, Hisar Division, Hisar (respondent No. 2) on a review petition holding that there is no power to review under the Act. The petitioners in this writ petition are residents of Village Kari Adu, Tehsil Charkhi Dadri, District Bhiwani. It is their case that they are co- sharers and right-holders of the land in the village and being co-sharers and right-holders they are owners of various parcels of land. The petitioners Ram Sarup etc. (CWP No. 19211 of 2004) claim that they are owners in possession of land measuring 88 kanals 5 marlas comprised in khewat No. 69/67, Khatauni No. 83 and they have been cultivating the said land from time immemorial of their forefathers till date. The previous Khewat No. of the land comprised in khewat No. 69/67 of this land was 37/28 as shown in the jamabandi for the year 1928 A.D. The entries in the column of ownership are recorded as Shamilat Deh Hasab Rasad Raqba Khewat. It is alleged that the said entries obviously show that the ownership of this Khewat was joint and Surja son of Kheta, the predecessor-in-interest of the petitioners was shown owner in possession of the said land as co-sharer of the village in proportion to his share in the joint land. The same entries of the land, it is stated, were repeated in Jamabandis for the years 1936-37, 1940-41, 1944-45, 1952-53, 1956-57, 1960-61, 1967-68, 1972-73 and 1977-78. Out of the said Jamabandis the extract copies of Jamabandis for the year 1928, 1936-37, 1956-57, 1967-68 and 1977-78 have been attached as Annexures P-1 to P-5. The consolidation in the Village Kari Adu took place in the year 1980 and during consolidation of holdings Shamilat Deh land of Khasra No. 152/18B-7B, 153/0B-18B was converted into land measuring 88 kanals 5 marlas, killa No. 58/9/2, 10, 11, 12/1, 20, 21; killa No. 59//6, 13/2, 14, 15, 16, 17, 18/1 in 1981. This land was being cultivated by Sheo Ram son of Sheo Chand. The Consolidation Department, it is stated, gave possession of this land to the petitioners Ram Sarup and others sons of Sheo Ram son Sheo Chand, who have been in cultivating possession of this land since 1928 till date which is shown in the Jamabandi prepared immediately after consolidation.
(3.) THE petitioners Ram Krishan and others have stated that they are owners in possession of land measuring 77 kanals 0 marla comprised in khewat No. 67/65, Khatauni No. 81 in Village Kari Adu. They have been in possession from the time immemorial and are cultivating the same till date. The previous Khewat No. of the land of Khewat No. 67/65 was 36/29 as shown in the Jamabandi for the year 1928 A.D. The entries in the column of ownership were Shamilat Deh Hasab Rasad Raqba Khewat. These entries, it is stated, show that the ownership of this Khewat was joint and Girdhari and Shobha, Jat, the predecessor-in- interest of the petitioners were owners in possession of the land in dispute as co-sharer of the village in proportion to their share in the joint holding. The entries of this land were repeated in the Jamabandis for the years 1936- 37, 1940-41, 1944-45, 1952-53, 1956-57, 1967-68, 1972-73 and 1977-78. The extracts of copies of the Jamabandis for the years 1928, 1936-37, 1956-57, 1967-68, 1977-78, 1980-81, 1992-93 are attached as Annexure P-1 to P-7. The consolidation in the village took place in the year 1980. During consolidation Shamilat Deh land of Khasra No. 141/24B-13B, 162/0B-19B was converted into land measuring 121 kanals 15 marlas comprised in killa No. 49//11, 12, 31/120; Killa No. 50//21/1, 12 to 19, 22, 23, 24 and 25/1 in 1981. The land was being cultivated by Puran son of Moti etc., the predecessors-in-interest of the petitioners. The Consolidation Department gave possession of the land to Hari Ram son of Puran son of Moti. The petitioners have been in cultivating possession of this land since 1928 to 1981 as shown in the Jamabandi.;