- (1.) Prayer in this petition is, for issuance of a writ in the nature of Certiorari, quashing the orders dated 30.6.2003, 23.12.2003 and 4.8.2005 passed by the Assistant Collector, 1st Grade, Gurgaon, District Collector, Gurgaon and the Commissioner, Gurgaon Division, Gurgaon. It is also prayed that a writ of Mandamus be issued, directing respondent no.3, to decide the question of title regarding the land in dispute.
(2.) Respondent no.4, filed an application for ejectment of the petitioners, under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act), alleging that the land in dispute was the ownership of Gram Panchayat, Garoli Khurd. It was alleged that the petitioners were using the land in dispute as a path to approach their land. The petitioners contested the petition by pleading that Gram Panchayat was not owner of the disputed land. The Assistant Collector, Ist Grade, Gurgaon, vide order dated 24.6.1996 ordered the petitioners eviction. The petitioners preferred an appeal before the District Collector, Gurgaon, which was dismissed on 31.3.1997. A revision filed by the petitioners before the Commissioner, Gurgaon Division, Gurgaon was accepted vide order dated 5.2.1998. The matter was remanded to the Assistant Collector, 1st Grade, Gurgaon, with a direction to first decide the question of title and thereafter, adjudicate the application under Section 7 of the Act, if necessary.
(3.) As the petitioners succeeded in establishing a prima facie question of title, the Assistant Collector, 1st Grade, altered the petition filed under Section 7 of the Act, to a petition under Section 7(3) of the Act and directed the petitioners, to file an amended petition by 25.11.2001.;