In the High Court of Punjab and Haryana at Chandigarh ...... CMs No.18016-18017 of 2009 in/and (1) Civil Writ Petition No.5460 of 2008 (O & M) ..... Date of decision: 23.11.2009. Jaswant Singh .....Petitioner v. State of Haryana and others .....Respondents .... (2) Civil Writ Petition No.5464 of 2008 (O & M) ..... Balbir Singh .....Petitioner v. State of Haryana and others .....Respondents .... Present: Mr. Vijay Pal and Mr. Dinesh Bagga, Advocates for the petitioners. Mr. Sudhir Makkar, Senior Deputy Advocate General, Haryana for respondents No.1 to 4. Ms. Dimple Sangwan, Advocate for respondent No.5. ..... S.S. Saron, J. CMs No.18016-18017 of 2009: CM No.18017 of 2009 has been filed for impleading the legal heirs of Jaswant Singh (petitioner) and CM No.18016 of 2009 has been filed for dispensing with the filing of certified copy of the death certificate (Annexure A-1) of Jaswant Singh (petitioner). The CM for impleading of LRs of Jaswant Singh (deceased) is supported by an affidavit of Shri Gurmail Singh son of late Shri Jaswant Singh, who is one of the legal heirs AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh C.W. P. Nos.5460 of 2008 etc. [2] of Jaswant Singh (deceased). Notices of the CMs to Advocate General, Haryana and learned counsel for respondent No.5. Mr. Sudhir Makkar, learned Senior Deputy Advocate General, Haryana for respondents No.1 to 4 and Ms. Dimple Sangwan, Advocate for respondent No.5 accept notice. Jaswant Singh (petitioner) has died on 09.08.2009. In the circumstances the applicants as mentioned in para 2 of the Civil Miscellaneous application No.18017 of 2009 are impleaded as LRs of deceased Jaswant Singh (petitioner) subject to all just exceptions. Besides, the filing of certified copy of the death certificate (Annexure A-1) of Jaswant Singh is dispensed with. The Registry to make necessary correction in the memo of parties showing the persons as mentioned in para 2 of Civil Miscellaneous application No.18017 of 2009 as LRs of the deceased Jaswant Singh (petitioner). The CMs stand disposed of. C.W.P. No.5460 of 2008 & C.W.P. No.5464 of 2008: This order will dispose of CWP No.5460 of 2008 filed by Jaswant Singh, now represented by his LRs Smt. Surjit Kaur, Gurmail Singh, Rajinder Singh and Baljinder Kaur being the widow, sons and daughter respectively of late Jaswant Singh, and CWP No.5464 of 2008 filed by Balbir Singh. In both the cases the Gram Panchayat Pasawal, Tehsil Guhla, District Kaithal through its Sarpanch filed petitions under Section 7 (2) of AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh C.W. P. Nos.5460 of 2008 etc. [3] the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable in Haryana) (`Act' - for short) seeking eviction of the respective petitioners in the two petitions from the land stated to be under their illegal occupation. In the petition filed by Gram Panchayat, Pasawal against Jaswant Singh, it was alleged that land measuring 67 Kanals 18 Marlas as detailed in the order dated 16.1.2008 (Annexure-P.7) in the said writ petition was ownership of the Gram Panchayat. The petitioner Jaswant Singh (now represented by his LRs) had taken illegal possession of the said land since 1992-93. It was stated that he was a powerful man and despite repeated requests of the Gram Panchayat he had not given possession of the disputed land and neither was he paying any share or rent. In this manner, the Gram Panchayat was bearing huge losses. In the case of Balbir Singh, it was alleged by the Gram Panchayat, Pasawal that land measuring 50 Kanals 10 Marlas as detailed in the order dated 16.1.2008 (Annexure-P.7) was the ownership of the Gram Panchayat and Balbir Singh (petitioner) had taken illegal possession of the disputed land since 1992-93. Balbir Singh (petitioner), it is stated is a powerful man and despite repeated requests of the Gram Panchayat he had not given the possession of the disputed land to it. For cultivating/utilizing the disputed land, he was neither paying any share or rent. In this manner, the Gram Panchayat was bearing huge losses. Notices were issued in both the petitions filed under Section 7 (2) of the Act. In terms of the orders dated 16.1.2008 (Annexure-P.7) separately passed in both the cases, the petitioners Jaswant Singh (now represented his LRs) and Balbir Singh of their respective petitions were AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh C.W. P. Nos.5460 of 2008 etc. [4] ordered to be evicted from the land in their unauthorized occupation by the Assistant Collector Ist Grade, Guhla, District Kaithal. It was held that both the petitioners were in unauthorized occupation since 1986-87. Therefore, a penalty of Rs.2000/- per hectare from 1986-87 to 1992 and thereafter till the possession was taken Rs.10,000/- per acre was imposed. Both the petitioners aggrieved against the orders dated 16.1.2008 passed by the Assistant Collector Ist Grade, Guhla, District Kaithal filed separate appeals before the Collector, Kaithal. The District Collector, Kaithal, it is stated by learned counsels appearing for the Gram Panchayat and the State, did not grant any stay against the impugned orders dated 16.1.2008. The petitioners, therefore, approached this Court seeking quashing of the order dated 16.1.2008 (Annexure-P.7) passed by the Assistant Collect Ist Grade, Guhla, District Kaithal. Learned counsels for the State and the Gram Panchayat have submitted copy of order dated 30.1.2009 passed by the Commissioner, Ambala Division, Amabala. A perusal of the said order shows that the appeals filed by the respective petitioners were dismissed by the District Collector, Kaithal on 27.5.2008 being not maintainable due to non deposit of the penalty amount. Against the said order dated 25.7.2008 passed by the Collector, Katihal revision petition No.177 and 178 were filed by the petitioners before the Commissioner, Ambala Division Ambala. In addition the petitioners also filed separate applications before the Collector, Kaithal for reconsidering the orders dated 27.5.2008. The said applications were dismissed by the Collector, Kaithal being devoid of merits on 3.6.2008. The petitioners filed AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh C.W. P. Nos.5460 of 2008 etc. [5] separate revision petitions No.194 and 195 against the order dated 3.6.2008 before the Commissioner, Ambala Division, Ambala. The Commissioner, Ambala Division, Ambala in terms of his order dated 30.1.2009 has disposed of revision No.177 of 2008-09 against the order dated 27.5.2008 and revision petition No.195 of 2008-09 against the order dated 3.6.2008 filed by Jaswant Singh (now represented by his LRs) as also revision No.178 of 2008-09 against the order dated 27.5.2008 and revision No.194 of 2008-09 against the order dated 3.6.2008 filed by Balbir Singh. The Commissioner, Ambala Division, Ambala has vide order dated 30.1.2009, set aside the orders under revision passed by the Courts below and the cases were remanded to the Court of Collector, Kaithal with the directions that the orders be re-passed as per the provisions of the Act on merit after carefully taking into consideration the facts as recorded in the order i.e. the order of the Commissioner as also the revenue records and after giving adequate opportunities to both the parties. The parties were directed to appear before the District Collector, Kaithal on 27.2.2009. Copy of the order dated 30.1.2009 passed by the Commissioner, Ambala Division, Ambala Cantt. is taken on record. It is stated that proceedings before the Collector are continuing in consequence of the order of remand passed by the Commissioner, Ambala Division, Ambala Cantt. on 30.1.2009. In the afore-noticed circumstances, the present writ petitions have been rendered infructuous and are accordingly dismissed as such. November 23, 2009. (S.S. Saron) Judge *hsp* AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh