CWP No.5965 of 1988 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5965 of 1988 Date of decision:07.03.2011 Udai Ram ..... Petitioner Versus Commissioner (Appeals) Ambala Division, Ambala and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Amit Aggarwal, Advocate for the petitioner. Mr.Paramjit Batta, Addl.A.G., Haryana. ***** RAJIVE BHALLA, J.(ORAL) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 07.04.1986 and 28.04.1988, passed by the Collector, Gurgaon and the Commissioner (Appeals) Ambala Division, respectively. Counsel for the petitioner submits that as the petitioner has prima facie established that the land in dispute does not belong to the Gram Panchayat, the Collector was required to decide this question in accordance with Section 7(1) or Section 13(A) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act), as applicable to the State of Haryana. The Collector has not recorded any finding on the question of title and ordered the petitioner's ejectment, summarily. It is further submitted that the demarcation report is an absolute nullity as it has been carried out in violation of CWP No.5965 of 1988 -2- Financial Commissioner's instructions. Counsel for the Gram Panchayat submits that in the absence of any prima facie proof of the petitioner's title, the Collector placed reliance on the revenue record and on the report of the Local Commissioner and therefore, rightly held that the petitioner is in unauthorised occupation of Gram Panchayat's property. In the absence of any valid right, title or interest in the land in dispute, the petitioner's ejectment was rightly ordered. I have heard counsel for the parties and perused the impugned orders. The Gram Panchayat filed a petition under Section 7 of the Act, praying for petitioner's ejectment. The Assistant Collector, Ist Grade, dismissed the application. The Gram Panchayat filed an appeal. The District Collector, allowed the appeal, vide order dated 07.04.1986. The petitioner thereafter filed a revision before the Commissioner (Appeals), Ambala Division, Ambala, which was dismissed. A perusal of the pleadings and the facts recorded in the impugned orders, do not disclose any prima-facie plea that would enable this court to hold that the petitioner has raised a tangible question of title much less a question that requires consideration under Section 7(1) of the Act. The land in dispute is recorded as the ownership of the Gram Panchayat in the jamabandis for the years 1964-65, 1968-69, 1973-74, 1978-79. The petitioner has failed to CWP No.5965 of 1988 -3- rebut the presumption of truth attached to these revenue entries. The petitioner has succeeded in perpetuating his unauthorised occupation, for a quarter of a century. In view of what has been stated hereinabove, the writ petition is dismissed with no orders as to costs. 07.03.2011 [ RAJIVE BHALLA ] shamsher JUDGE