Surya Kant, J. - (1.) The petitioners are residents of Village Munak, Tehsil Gharaunda, District Karnal. They have sought a writ of prohibition to restrain the Assistant Collector 1st Grade, Karnal from proceeding with the execution proceedings pending against them at the instance of the Gram Panchayat. Brief facts of the case are that the Gram Panchayat -respondent No. 4 initiated eviction proceedings against the petitioners under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the 1961 Act') as applicable to the State of Haryana for their eviction from the Gram Panchayat land. The petition was allowed, eviction order was passed. The appeal etc. were also declined. The aggrieved petitioners came to this Court in CWP No. 14902 of 1992. A learned Single Judge of this Court referred the aforesaid case to a Larger Bench due to conflict of judgments rendered by this Court but further directed as follows: - - "It is admitted position that for the kind of land which is in their occupation, Gram Panchayat can earn minimum of Rs. 4,500/ -per acre per year. It is, thus, ordered that the petitioners would pay to the Gram Panchayat at the rate of Rs. 4,500/ - per acre per year from 8.10.92, the date when the Assistant Collector passed orders of eviction against them. If they do not pay this amount within a period of one month from today, it shall be open to the Gram Panchayat to execute the order of eviction passed against them."
(2.) The petitioners claimed to have complied with the conditional stay order and deposited certain amounts as per the details given in para 4 of the writ petition. The Gram Panchayat, however, has taken a stand in the corresponding para of the written statement that the amount deposited by the petitioners was in part only and nothing was deposited for the years 1992 -93 and 1993 -94. The Gram Panchayat has also explained that the petitioners were required to deposit the said amount on yearly basis as a huge chunk of land measuring 315 kanal 6 marla was occupied by them.
(3.) It was in this backdrop that the Gram Panchayat instituted execution proceedings due to alleged non -compliance of the conditional stay order passed by this Court.;