IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 20217 of 2011 DATE OF DECISION : 02.11.2011 Shyam Lal .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. S.S. Dinarpur, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) In this petition, the petitioner is challenging the order dated 27.4.2010 (Annexure P-4), passed by the Assistant Collector Ist Grade, Bilaspur, whereby the application filed by Gram Panchayat, village Kakroni, Tehsil Bilaspur, District Yamuna Nagar (respondent No.5 herein) under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana) (hereinafter referred to as `the Act'), for evicting the petitioner from the land in question was allowed; as well as the orders 11.5.2011 and 12.10.2011 (Annexures P-5 and P-6), passed by the Collector, Yamuna Nagar, and the Commissioner, Ambala Division, Ambala, respectively, vide which the aforesaid order has been affirmed. CWP No. 20217 of 2011 -2- During the course of arguments, learned counsel for the petitioner argued that though during the eviction proceedings, an issue of title was raised, but it appears that it was not pressed. In view of this fact, learned counsel states that the petitioner may be permitted to withdraw this petition with liberty to file a title suit in the Court of the Collector, to enable him to establish his title on the disputed land. After hearing learned counsel for the petitioner and keeping in view the fact that the question of title has not been determined by the authorities below, we permit the petitioner to withdraw this petition with liberty to file a title suit in the court of the Collector under Section 13-A of the Act. If any such title suit is filed within a period of one month from today, the Collector shall entertain and decide the same on merits in accordance with law. However, it will be open for the petitioner to move an application for stay of his eviction from the land in dispute, in terms of the impugned order, and if the petitioner deposits the use and occupation charges at the rate of ` 12,000/- per acre per year, from the date of application filed by the Gram Panchayat, the Collector shall consider the prayer of the petitioner for grant of stay of his eviction from the disputed land. This writ petition is, accordingly, dismissed as withdrawn with liberty to the petitioner to file a title suit within a month in the court of the Collector under Section 13-A of the Act, along with an application for stay, if so advised. If such suit is filed, the Collector is directed to decide the CWP No. 20217 of 2011 -3- same on merits in accordance with law. However, for a period of one month, dispossession of the petitioner from the land in dispute shall remain stayed. ( SATISH KUMAR MITTAL ) JUDGE November 02, 2011 ( PARAMJEET SINGH ) ndj JUDGE