Civil Writ Petition No. 10554 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 10554 of 2007 Date of decision: 17.12.2008 Jagdish and another ........Petitioners Versus Deputy Commissioner, Rewari and others .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Vinod S Bhardwaj, Advocate for the petitioners Mr. B S Rana, Addl. A.G. Haryana for respondents No. 1 and 2 Mr. Rupam K Aggarwal, Advocate for respondent No. 3 -.- J.S.Khehar , J. (Oral) It is not a matter of dispute, that a petition under Section 13-A of the Punjab Village Common Lands (Regulation ) Act, 1961, has been filed by the petitioners, claiming title to land in village Daroli, Tehsil and District Rewari. Learned counsel for the petitioners desires this Court to limit its consideration to passing an order so as to sustain the interim order passed by this Court on 19.07.2007, whereby this Court had, inter alia, passed the following order:- “In the meantime, the petitioners should not be dispossessed.” Whilst it is the case of the petitioners, that they are in Civil Writ Petition No. 10554 of 2007 2 possession of the land in respect of which a suit under Section 13-A of the Punjab Village Common Lands (Regulation ) Act, 1961, has been filed. The claim of respondent No. 3, i.e. Gram Panchayat is, that it is the Gram Panchayat, which is in possession of the land. It is apparent from the stance adopted by the rival parties, that the disputed question of fact will have to be adjudicated upon before any final determination can be rendered on the issue canvassed by the learned counsel for the petitioners. We decline to entertain the instant writ petition filed under Article 226 of the Constitution of India, so as to determine the disputed question of fact. The instant writ petition is accordingly dismissed. Liberty is, however, granted to the petitioners, to seek appropriate orders from a Court of competent jurisdiction on the pleas raised by the petitioners in the instant writ petition, as well as, on the additional pleas, as the petitioners may be advised. [J.S.Khehar] Judge [Nirmaljit Kaur] Judge December 17, 2008 mohan