CWP No. 14762 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14762 of 2010 Date of Order: 19.8.2010 Mange Ram ....Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. S.N. Pillania, Advocate for the petitioner RAJIVE BHALLA, J The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 17.4.2009, 18.5.2010, passed by the Assistant Collector, Ist Grade, Narwana and the Collector, Jind. The Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation)Act, 1961 (hereinafter referred to as `the Act') for ejectment of the petitioner. The Assistant Collector, Ist Grade, Narwana, ordered the ejectment of the petitioner. The petitioner filed an appeal, which was allowed and the matter was remitted to the Assistant Collector for a fresh adjudication, including on the question of title. After framing issues and appraising the evidence led by the parties, the Assistant Collector held that the land belongs to the Gram Panchayat and, therefore, ordered the ejectment of the petitioner. Aggrieved by this order, the petitioner filed an appeal, which was dismissed by the Collector, Jind, by holding that the land in dispute was earmarked for common purposes of inhabitants of the village as a 'Johar' (village pond) CWP No. 14762 of 2010 2 and for grazing of cattle. As a result, the ejectment order passed by the Assistant Collector was affirmed. Counsel for the petitioner submits that the findings that the land in dispute was earmarked for a `Johar' and for grazing of cattle, is factually incorrect. The `Johar' is situated in Killa No.40, whereas the land in dispute is situated in Killa No.42//11/2. Moreover, as the land in dispute is in cultivating possession of the petitioner and was originally created as “Jumla Mushtarka Malkan”, it does not vest in the Gram Panchayat in view of the Full Bench judgement in Jai Singh and others Vs. State of Haryana, 2003 PLR 658. I have heard counsel for the petitioner, perused the impugned orders and find no reason to accede to the arguments addressed by counsel for the petitioner. As is apparent from the impugned orders, the petitioner's possession came to be recorded, in the revenue record, for the first time in the year 1972-73. The Sharat Wazib Ul Arz clearly provides that this land shall be reserved as a `Johar' (village pond) and for grazing of cattle. A perusal of the Khatauni Paimaish establishes that Khasra No.42//11/2 (land in dispute) was created from Khasra No.3354, which was reserved alongwith Khasra Nos.3358,3360 and 3362 as a `Johar' and for grazing of cattle. The land, therefore, vests in the Gram Panchayat under Section 2(g) (1) and Section 2(g)(6) and whatever be the nomenclature in the jamabandi, does not vest in the petitioner or the proprietors. In view of what has been stated herein above, the writ petition is dismissed with no order as to costs. 19.8.2010 ( RAJIVE BHALLA ) GS JUDGE CWP No. 14762 of 2010 3