CWP No.12567 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12567 of 2010 Date of decision:20.07.2010 Molu Ram ...... Petitioner VERSUS Commissioner, Ambala Division, Ambala and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.C.B.Goel, Advocate for the petitioner. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 16.06.2010, passed by the Commissioner, Ambala Division, Ambala. Pursuant to an order passed by a Division Bench of this Court, the Deputy Commissioner, Kurukshetra, conducted an inquiry and thereafter directed the Gram Panchayat to file ejectment petitions against unauthorised occupants of Panchayat land. The Gram Panchayat however, did not file any ejectment petition. The petitioner filed separate petitions against the unauthorised occupant/occupants, before the Assistant Collector, Ist Grade, praying for their ejectment. The Assistant Collector, Ist Grade, vide order dated 08.03.2010, consolidated the applications and directed that evidence would be recorded in one case. The private respondents, filed a revision before the Commissioner, Ambala Division Ambala. Vide order dated16.06.2010, the Commissioner, set aside the order passed by the Assistant Collector, Ist CWP No.12567 of 2010 -2- Grade, and directed that each application would be decided separately. Counsel for the petitioner submits that the private respondents are in unauthorised possession of shamilat deh and as the facts pleaded in the petitions for ejectment and the written statement filed by the private respondents are identical, the Commissioner, should have maintained the order passed by the Assistant Collector. I have heard counsel for the petitioner and perused the impugned order. It is not denied that each petition for ejectment relates to a separate parcel of land and a separate respondent or respondents. The respondents are therefore, entitled to raise their separate defence. The mere fact that the land is Shamilat Deh or that the written statements may be identical, would not deprive the respondents of their individual right to defend the petition. In this view of the matter, the writ petition is dismissed with a direction to the Assistant Collector, Ist Grade, Pehowa, to decide the applications filed under Section 7 of the Act, within six months by granting short adjournment and ensuring that the respondents do not delay proceedings. 20.07.2010 [RAJIVE BHALLA] shamsher JUDGE