- (1.) Application allowed, document Annexure P/12 is taken on record. CWP No.15078 of 2006
(2.) This writ petition has been filed with a prayer to quash the judgment dated 20.9.2005, passed by the Collector, rejecting claim of the petitioners, to declare them as owners of the land, in dispute. Further prayer is to quash order dated 8.6.2006, passed by respondent No.1, vide which, appeal filed by the petitioners was dismissed.
(3.) As per records, by stating that the petitioners were owners of the land, in dispute, they moved an application under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (in short, the Act). It was their case that they were co-sharers and were in possession of the land, in dispute before 26.1.1950. After notice to the Gram Panchayat, evidence was recorded. The Gram Panchayat raised a specific objection to the prayer made, that in view of earlier order passed against them on 8.7.2004, by the District Magistrate-cum-A.C. Ist Grade, Panipat, in which, it was held that the Gram Panchayat was owner of the land, in dispute, the application filed by the petitioners under Section 13-A of the Act, was not maintainable. The Collector, while dismissing their claim on 20.9.2005, has observed thus:- "After hearing the arguments of both sides and perusal of the record, I have reached to this conclusion that the plaintiffs have no right to file suit under Section 13-A because provisions of Section 13-A was made vide Amended Act No.9 of 1999 in the Village Common Lads Act, 1961 (Page 279) wherein besides other conditions it was provided .. So a proviso has been also added which provides that no suit under this provision will be competent if the proceedings under section 7 has been started or it has already been decided. Since the plaintiffs have been ejected under Section 7 by the Assistant Collector Ist Grade, Panipat vide his order dated 8.7.2004 and it has been decided upto the level of Hon'ble High Court, in such situated, in my opinion, the plaintiffs have no right to file suit according to the Act. Therefore, possession of the disputed land has also been taken from the additional plaintiffs. The ruling produced by the counsel for the plaintiffs is not applicable to this case because, according to the ruling if the question of title is raised during proceedings under Section 7 then the question of title is to be decided first. This suit of the plaintiffs is under Section 13-A, therefore, this ruling is not applicable to it. Otherwise also the plaintiffs have produced the khasra girdawari for the year 1963, according to this the possession of the plaintiffs over Khasra No.86/7 is as Gair Mourusi Bila Lagan Mukta Rs.86/- for total year is entered. Similarly, in khasra No.86/13 lagan of Rs.86 and in Khasra No.86/14 Lagan of Rs.25/- is entered whereas earlier to this the Gram Panchayat is shown is cultivation and possession of the suit land and as such, the plaintiffs have no right to file suit. Under these situations, the suit of the plaintiffs is dismissed.";