C.W.P. No.12602 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12602 of 1992 Date of Decision : 25.04.2011 Balbir Singh and others …Petitioners Versus The Collector, Sonepat and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Rajiv Kumar Saini, Advocate for Mr. G.S. Hooda, Advocate for the petitioners Mr. Mahavir Sandhu, Advocate for respondent No.3. Mr. Bhoop Singh, Advocate for respondent No.4. *** AJAY TEWARI, J. (ORAL) This petition has been filed challenging the orders dated 16.12.1991 (Annexure P-3) and 07.07.1992 (Annexure P-5) whereby the petitioner No.1 was ordered to be ejected from the property in dispute. The admitted case between the parties is that during Istemal the property in dispute was allotted to the father of the C.W.P. No.12602 of 1992 -2- petitioners No.2 and 3. Since the petitioner No.1 came in possession thereof ejectment proceedings were initiated against him. At that time, the petitioners No.2 and 3 were entitled for the possession of the property in dispute even as per the respondent-Gram Panchayat, yet they were not impleaded as a party and ejectment was ordered on the ground that it was the petitioners No.2 and 3 who had a right in the property and not the petitioner No.1. Before this Court they are co-petitioners with the petitioner No.1 and thus have to be deemed to have ratified and accepted this action. Consequently, it cannot be held that the petitioner No.1 was in illegal possession of the property in dispute. It was allotted to the father of the petitioners No.2 and 3 and admittedly they were the only legal heirs of their father. Once that is so, it has to be held that the petitioner No.1 was holding the property on behalf of the petitioners No.2 and 3. Since their father was the allottee their allotment cannot be termed to be illegal. Consequently, the petitioner No.1 cannot be held to be in unauthorized occupation of the land in dispute. Resultantly, this writ petition is allowed and the impugned orders dated 16.12.1991 (Annexure P-3) and 07.07.1992 (Annexure P-5) are set aside. ( AJAY TEWARI ) April 25, 2011 JUDGE C.W.P. No.12602 of 1992 -3- ashish