Civil Writ Petition No. 14224 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14224 of 2010 Date of Order: 11.08.2010 Vijay Singh ....Petitioner Versus The Commissioner, Gurgaon Division, Gurgaon and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sanjay Mittal,Advocate for the petitioner. RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the impugned orders 17.03.2009, 31.07.2009 and 25.02.2010, passed by the Assistant Collector Ist Grade, Kosli, the Collector, District Rewari, and the Commissioner, Gurgaon Division, Gurgaon, whereby he has been ordered to be ejected from land described as “Gair Mumkin Ahata Chah”. Counsel for the petitioner submits that he purchased the land in dispute from a committee constituted by members of the “Panna Ahiran”. The land in dispute has never been used for any common purposes much less as a source of water and falls within the abadi. The land, therefore, does not vest in the Gram Panchayat as “Shamilat Deh”. It is further prayed that as the State has framed a policy allowing the purchase of such land, liberty may be granted to file an application for purchase. I have heard counsel for the petitioner and perused the Civil Writ Petition No. 14224 of 2010 -2- impugned orders. The land in dispute, though situated within the abadi , is described as “Gair Mumkin Ahata Chah”, i.e. land used as a source of water or for the purpose of storing water and, therefore, leaves no manner of doubt that it was reserved and used for common purposes of the village. The petitioner's submission that he has purchased the land from a committee constituted by the “Panna Ahiran” is entirely irrelevant as the land does not vest in the proprietors. In view of what has been stated hereinabove, the petition is dismissed with liberty to the petitioner to file an appropriate application, for purchase of the land, if permissible in law. The liberty granted to the petitioner shall not be construed to be a direction to allow the purchase. August 11, 2010 (RAJIVE BHALLA) nt JUDGE