{"id":136910,"date":"2008-10-23T00:00:00","date_gmt":"2008-10-22T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mange-ram-vs-the-district-development-and-on-23-october-2008"},"modified":"2019-02-10T19:47:06","modified_gmt":"2019-02-10T14:17:06","slug":"mange-ram-vs-the-district-development-and-on-23-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mange-ram-vs-the-district-development-and-on-23-october-2008","title":{"rendered":"Mange Ram vs The District Development And &#8230; on 23 October, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Mange Ram vs The District Development And &#8230; on 23 October, 2008<\/div>\n<pre>CWP No.17997 of 2008                      1\n\n\n\nIN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.\n\n                                              CWP No. 17997 of 2008\n                                               Date of decision: 23.10.2008\n\nMange Ram\n                                               ....Petitioner.\n\n                          vs.\n\nThe District Development and Panchayat Officer and others.\n\n\n                                               ..Respondents\n\n\nCORAM:       HON'BLE MR.JUSTICE J.S.KHEHAR.\n             HON'BLE MS.JUSTICE NIRMALJIT KAUR.\n\n                              ---\nPresent:     Mr.Ajay Jain, Advocate, for the petitioner.\n                         --\n\nJ.S.KHEHAR,J.\n<\/pre>\n<p>             The controversy in the present case came to be initiated at the<\/p>\n<p>hands of three residents of village Chamar Khera Tehsil Uklana District<\/p>\n<p>Hisar, namely; Sukh Lal, Ram Kishan and Birbal. The aforesaid residents<\/p>\n<p>of village Chamar Khera filed an application under section 7 of the Punjab<\/p>\n<p>Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as<\/p>\n<p>&#8220;the Act&#8221;) (as applicable to Haryana), seeking the eviction of Mange Ram<\/p>\n<p>(the petitioner herein). The title of the aforesaid application reads as under:-<\/p>\n<blockquote><p>             &#8220;Application under section 7 of the Punjab Village Common<br \/>\n             Lands (Regulation) Act, 1961, for eviction of respondent No.1<br \/>\n             from shamlat deh\/chargah land adjoining the plots No.417,418,<br \/>\n             426, 430 and 431 (towards village side which has been shown<br \/>\n             with red colour with marks ABCDEFIC in rough site plan<br \/>\n             attached with the application and at the end of gali No.425)<br \/>\n             situated in village Chamar Khera Tehsil Uklana District Hisar<br \/>\n             and imposing the penalty be for illegal use and occupation of<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                    2<\/span><\/p>\n<p>            the said land; on the basis of evidence both oral and<br \/>\n            documentary of every kind.&#8221;\n<\/p><\/blockquote>\n<p>In furtherance of the aforesaid application,a notice was issued to Mange<\/p>\n<p>Ram i.e. the petitioner herein by the District Development and Panchayat<\/p>\n<p>Officer-cum-Assistant Collector Ist Grade, Hisar, on 27.8.2007 to appear<\/p>\n<p>before him on 7.9.2007 and to show cause why an order of eviction be not<\/p>\n<p>passed against him, as also as to why penalty at the rate of Rs. 10,000\/- per<\/p>\n<p>hectare per year be not imposed upon him.\n<\/p>\n<p>            In response to the aforesaid show cause notice, Mange Ram<\/p>\n<p>appeared before the District Development and Panchayat         Officer-cum-<\/p>\n<p>Assistant Collector Ist Grade, Hisar, on 7.9.2007. On 7.9.2007 a copy of the<\/p>\n<p>application filed by Sukh Lal, Ram Kishan and Birbal was furnished to him<\/p>\n<p>by the Assistant Collector Ist Grade, Hisar. In his reply filed on 7.9.2007<\/p>\n<p>itself, he denied that he was in unauthorised possession of the panchayat<\/p>\n<p>land. He also asserted that the claim made against him was based on wrong<\/p>\n<p>facts. He affirmed that he was in possession of land which he owned, and<\/p>\n<p>that, he was not in possession of any land belonging to the Gram Panchayat.<\/p>\n<p>He expressly invited the applicants Sukh Lal, Ram Kishan and Birbal to<\/p>\n<p>get the plot of land demarcated by asserting that if he was found in<\/p>\n<p>unauthorised possession of the land belonging to the Gram Panchayat he<\/p>\n<p>would vacate the same.\n<\/p>\n<p>            In view of the stance adopted by the petitioner herein i.e.<\/p>\n<p>Mange Ram, the Gram Panchayat had also been impleaded as              party-<\/p>\n<p>respondent in the application filed by Sukh Lal, Ram Kishan and Birbal.<\/p>\n<p>The Gram Panchayat filed its reply to the aforesaid application before the<\/p>\n<p>Assistant Collector Ist Grade, Hisar, on 3.10.2007, wherein the factual<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                    3<\/span><\/p>\n<p>position asserted in the application to the effect that Mange Ram was in<\/p>\n<p>unauthorised possession of land belonging to the Gram Panchayat was<\/p>\n<p>acknowledged. Besides the aforesaid, the Gram Panchayat also required the<\/p>\n<p>Assistant Collector Ist Grade, Hisar, to evict Mange Ram from the land in<\/p>\n<p>question and to hand over the vacant possession of the land to the Gram<\/p>\n<p>Panchayat.\n<\/p>\n<p>             In view of the express stance adopted by the petitioner herein<\/p>\n<p>i.e. Mange Ram before the Assistant Collector Ist Grade, Hisar, an order<\/p>\n<p>was passed on 1.4.2008 directing the Block Development and Panchayat<\/p>\n<p>Officer,Uklana to demarcate the land and to submit a report after spot<\/p>\n<p>inspection. In compliance with the aforesaid order, the Block Development<\/p>\n<p>and Panchayat officer, Uklana, submitted a report dated 8.4.2008. Along<\/p>\n<p>with the report, the Block Development and Panchayat Officer, Uklana,<\/p>\n<p>attached a site plan depicting the unauthorised possession of Mange Ram<\/p>\n<p>over the land measuring 1705 square yards.\n<\/p>\n<p>             After the aforesaid report dated 8.4.2008, was placed on the<\/p>\n<p>record of the ejectment application filed by Sukh Lal,Ram kishan and<\/p>\n<p>Birbal, the petitioner herein i.e., Mange Ram stopped participating in the<\/p>\n<p>proceedings before the      Assistant Collector Ist Grade, Hisar. He was<\/p>\n<p>accordingly proceeded against ex parte. The Assistant Collector Ist Grade,<\/p>\n<p>Hisar, by his order dated 11.4.2008, arrived at the conclusion that the<\/p>\n<p>petitioner Mange Ram was in unauthorised possession of 1705 square<\/p>\n<p>yards of land belonging to the Gram Panchayat. He was accordingly<\/p>\n<p>directed to hand over possession thereof to the Gram Panchayat within a<\/p>\n<p>period of ten days. In addition to the above, Mange Ram was required to<\/p>\n<p>pay a penalty of Rs.10,000\/-      per hectare per year for his aforesaid<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                     4<\/span><\/p>\n<p>unauthorised occupation of land belonging to the Gram Panchayat. He was<\/p>\n<p>directed to deposit the aforesaid penalty in the account of the Gram<\/p>\n<p>Panchayat within a period of 30 days, failing which the same would be<\/p>\n<p>recovered as arrears of land revenue.\n<\/p>\n<p>             Dissatisfied with the order passed by the Assistant Collector Ist<\/p>\n<p>Grade, Hisar, dated 11.4.2008, Mange Ram preferred an appeal before the<\/p>\n<p>Collector, Hisar. The appeal preferred by Mange Ram was dismissed by the<\/p>\n<p>Collector, Hisar on 29.7.2008.\n<\/p>\n<p>             Having failed before the Assistant Collector Ist Grade, Hisar,<\/p>\n<p>as also before the Collector, Hisar, Mange Ram preferred a revision petition<\/p>\n<p>before the Commissioner, Hisar Division, Hisar. The Commissioner, Hisar<\/p>\n<p>Division, Hisar, in the first instance summoned the entire file of the case,<\/p>\n<p>and thereafter, by an order dated 7.10.2008, concurred with the finding<\/p>\n<p>recorded in the previous orders passed by the revenue authorities by arriving<\/p>\n<p>at the conclusion that Mange Ram was in unauthorised possession of land<\/p>\n<p>belonging to the Gram Panchayat. Accordingly, the revision petition filed<\/p>\n<p>by Mange Ram was dismissed on 7.10.2008.\n<\/p>\n<p>             Through the instant writ petition the petitioner has impugned<\/p>\n<p>the order passed by the Assistant Collector Ist Grade, Hisar, dated<\/p>\n<p>11.4.2008, the order passed by the Collector, Hisar dated 29.7.2008, as also<\/p>\n<p>the order passed by the Commissioner, Hisar Division, Hisar, dated<\/p>\n<p>7.10.2008.\n<\/p>\n<p>             The first contention advanced by the learned counsel for the<\/p>\n<p>petitioner is that the land in question is not shamilat deh, and as such, there<\/p>\n<p>was no question of the revenue authorities ordering the eviction of the<\/p>\n<p>petitioner therefrom.   The case set up      by the learned counsel for the<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                       5<\/span><\/p>\n<p>petitioner is that the revenue authorities have described the land as &#8220;abadi<\/p>\n<p>deh&#8221;, and as such, there was no question of eviction of the petitioner<\/p>\n<p>therefrom. In this behalf, the vehement contention of the learned counsel for<\/p>\n<p>the petitioner, is that land which is described as &#8220;abadi deh&#8221; is not &#8220;shamilat<\/p>\n<p>deh&#8221;. In order to support his aforesaid contention, learned counsel for the<\/p>\n<p>petitioner has placed reliance on a decision rendered by this Court in Gram<\/p>\n<p>Panchayat v. Toti and others, 1973, PLJ 639.\n<\/p>\n<p>             We have considered the first contention advanced by the<\/p>\n<p>learned counsel for the petitioner, as has been noticed in the foregoing<\/p>\n<p>paragraph.\n<\/p>\n<p>             In order to ascertain as to whether the land allegedly in<\/p>\n<p>possession of the petitioner was or was not &#8220;shamilat deh&#8221;, reference is<\/p>\n<p>liable to be made to section 2(g) of the Act(as applicable to Haryana). The<\/p>\n<p>same is accordingly being reproduced hereunder:-\n<\/p>\n<blockquote><p>             &#8220;2.Definitions.&#8211; In this Act, unless the context otherwise<br \/>\n             requires,&#8211;\n<\/p><\/blockquote>\n<pre>             (a) to (f)    xxx         xxx          xxx             xxx\n             (g)    \"shamilat deh\" includes-\n<\/pre>\n<blockquote><p>                     (1) lands described in the revenue records as Shamilat<br \/>\n                    deh or Charand excluding abadi deh&#8217;<br \/>\n                    (2) shamilat tikkas;\n<\/p><\/blockquote>\n<blockquote><p>                    (3) lands described in the revenue records as shamilat,<br \/>\n                    tarafs, pattis, pannas and tholas and used according to<br \/>\n                    revenue records for the benefit of the village community<br \/>\n                    or a part thereof or for common purposes of the village;<br \/>\n                    (4)    lands used or reserved for the benefit of village<br \/>\n                    community      including   streets,   lanes,   playgrounds,<br \/>\n                    schools, drinkings wells or ponds situated within the<br \/>\n                    sabha area as defined in clause (mmm) of section 3 the<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                    6<\/span><\/p>\n<p>                  Punjab Gram Panchayat Act, 1952, excluding lands<br \/>\n                  reserved for the common purposes of a village under<br \/>\n                  section 18 of the East Punjab Holdings (Consolidation<br \/>\n                  and Prevention of Fragmentation) Act, 1948 (East Punjab<br \/>\n                  Act of 1948), the management and control whereof vests<br \/>\n                  in the State Government under section 23-A of the<br \/>\n                  aforesaid Act;\n<\/p><\/blockquote>\n<blockquote><p>                  (4a) vacant land situate in abadi deh or gorah deh not<br \/>\n                  owned by any person;\n<\/p><\/blockquote>\n<blockquote><p>                  (5) lands in any village described as banjar qadim and<br \/>\n                  used for common purposes of the village according to<br \/>\n                  revenue records;\n<\/p><\/blockquote>\n<blockquote><p>                  but does not include land which&#8211;\n<\/p><\/blockquote>\n<blockquote><p>                  (i) becomes or has become shamilat deh due to river<br \/>\n                  action or has been reserved as shamilat in villages subject<br \/>\n                  to river action except shamilat deh entered as pasture,<br \/>\n                  pond or playground in the revenue records;\n<\/p><\/blockquote>\n<blockquote><p>                  (ii) has been allotted on quasi-permanent basis to a<br \/>\n                  displaced person;\n<\/p><\/blockquote>\n<blockquote><p>                  (ii-a) was shamilat deh, but has been allotted to any<br \/>\n                  person by the Rehabilitation Department of the State<br \/>\n                  Government, after the commencement of this Act, but on<br \/>\n                  or before the 9th day of July 1985.\n<\/p><\/blockquote>\n<blockquote><p>                  (iii) has been partitioned and brought under cultivation<br \/>\n                  by individual landholders before the 26th January, 1950;\n<\/p><\/blockquote>\n<blockquote><p>                  (iv) having been acquired before the 26th January, 1950,<br \/>\n                  by a person by purchase or in exchange for proprietary<br \/>\n                  land from a co-sharer in the shamilat deh and is so<br \/>\n                  recording in the jamabandi or is supported by a valid<br \/>\n                  deed;\n<\/p><\/blockquote>\n<blockquote><p>                 (v) is described in the revenue records as shamilat, taraf,<br \/>\n                 pattis, pannas, and     thola and not used according to<br \/>\n                 revenue records for the benefit of the village community,<br \/>\n                 or a part thereof or for common purposes of the village.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\"> CWP No.17997 of 2008                     7<\/span><\/p>\n<blockquote><p>                  (vi) lies outside the abadi deh and was being used as<br \/>\n                  gitwar, bara, manure pit, house or for cottage indus5try,<br \/>\n                  immediately before the commencement of this Act;\n<\/p><\/blockquote>\n<blockquote><p>                  (vii) Omitted by Haryana Act No.18 of 1995.\n<\/p><\/blockquote>\n<blockquote><p>                  (viii) was shamilat deh, was assessed toland revenue and<br \/>\n                  has been in the individual cultivating possession of co-<br \/>\n                  sharers not being in excess of their respective shares in<br \/>\n                  such shamilat deh on or before the 26th January, 1950, or\n<\/p><\/blockquote>\n<blockquote><p>                  (ix)   is used as a place of worship or for purposes<br \/>\n                  subservient thereto;\n<\/p><\/blockquote>\n<blockquote><p>            (6) lands reserved for the common purposes of a village under<br \/>\n            section 18 of the East Punjab Holdings (Consolidation and<br \/>\n            Prevention of Fragmentation) Act, 1948 (East Punjab Act 50<br \/>\n            of1948), the management and control whereof vests in the<br \/>\n            Gram Panchayat under section 23-A of the aforesaid Act.<br \/>\n            Explanation.- Lands entered in the column of ownership of<br \/>\n            record of rights as &#8220;jumla Malkan Wa Digar Haqdaran Arazi<br \/>\n            Hassab Rasad&#8221;, &#8220;Jumla Malkan&#8221; or &#8220;Mushtarka Malkan&#8221; shall<br \/>\n            be shamilat deh within the meaning of this section;&#8221;.\n<\/p><\/blockquote>\n<p>Effort of the learned counsel for the petitioner to demonstrate that the land<\/p>\n<p>in question should be deemed to be excluded from shamilat deh is based<\/p>\n<p>on clause (1) of section 2(g) extracted hereinabove.<\/p>\n<p>            It is not possible for us to accept the aforesaid contention of<\/p>\n<p>the learned counsel for the petitioner. In our view the land in question<\/p>\n<p>would be deemed to be &#8220;shamilat deh&#8221; under clause (4a) of section 2(g) of<\/p>\n<p>the Act which expressly mandates that vacant land situated in &#8220;abadi deh&#8221;<\/p>\n<p>not owned by any person would be deemed to be shamilat deh. In the site<\/p>\n<p>plan prepared by the Block Development and Panchayat Officer, Uklana,<\/p>\n<p>enclosed with the report submitted by him in furtherance of the direction<\/p>\n<p>issued by the Assistant Collector Ist Grade, Uklana, shows that the land<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                     8<\/span><\/p>\n<p>under reference is vacant land reserved for &#8220;chargah&#8221; within &#8220;abadi deh&#8221;.<\/p>\n<p>The vacant land in question measures 1705 square yards.             Since the<\/p>\n<p>petitioner has not been able to demonstrate ownership rights in respect of<\/p>\n<p>the aforesaid land, we are of the view that the first contention advanced by<\/p>\n<p>the learned counsel for the petitioner is wholly misconceived in view of the<\/p>\n<p>clear mandate of clause (4a) of section 2(g) of the Act,<\/p>\n<p>            The second contention advanced by the learned counsel for the<\/p>\n<p>petitioner was also to the same effect as the first contention. Relying upon<\/p>\n<p>the site plan placed on the record of the writ petition as Annexure P12,<\/p>\n<p>learned counsel for the petitioner invited this Court&#8217;s attention to the fact<\/p>\n<p>that in the site plan prepared by the Gram Panchayat, the illegal possession<\/p>\n<p>and construction of the petitioner in respect of the land belonging to the<\/p>\n<p>Gram Panchayat was described as falling &#8220;within abadi deh of village<\/p>\n<p>Chamar Khera&#8221;. On the basis of Annexure P12 also, it was the contention<\/p>\n<p>of the learned counsel for the petitioner, that the land in question from<\/p>\n<p>which petitioner&#8217;s eviction was sought cannot be treated as &#8220;shamilat deh&#8221;<\/p>\n<p>and as such the application filed under section 7 of the Act, deserves to be<\/p>\n<p>dismissed for this reason alone.\n<\/p>\n<p>            For the same reasons, as have been recorded by us while<\/p>\n<p>disposing of the first contention of the learned counsel for the petitioner, we<\/p>\n<p>find no merit in the second contention as well, since we have arrived at the<\/p>\n<p>conclusion that the land under reference which was vacant land within the<\/p>\n<p>&#8220;abadi deh&#8221;, and was not in the ownership of any one, the same was liable<\/p>\n<p>to be treated as &#8220;shamilat deh&#8221;. An application under section 7 of the Act to<\/p>\n<p>evict anyone in unauthorised possession thereof was, in our view,<\/p>\n<p>permissible, from the land under reference.\n<\/p>\n<p><span class=\"hidden_text\"> CWP No.17997 of 2008                     9<\/span><\/p>\n<p>            The third contention advanced by the learned counsel for the<\/p>\n<p>petitioner, is that the petitioner is in possession of plots No.417, 418, 426<\/p>\n<p>etc. situated in village Chamar Khera in the capacity of an owner and not as<\/p>\n<p>an unauthorised occupant thereof, and as such, there is no question of the<\/p>\n<p>authorities requiring him to vacate the aforesaid land under any<\/p>\n<p>circumstances. In so far as the instant contention of the learned counsel for<\/p>\n<p>the petitioner is concerned, reliance was placed on the reply to the notice<\/p>\n<p>issued under rule 20 of the Punjab Village Common Lands (Regulation)<\/p>\n<p>Rules, 1964 ( as applicable to Haryana),copy whereof was placed on the<\/p>\n<p>record of the writ petition as Annexure P3.\n<\/p>\n<p>            The third contention advanced by the learned counsel for the<\/p>\n<p>petitioner, in our view, is also wholly misconceived. In the application filed<\/p>\n<p>under section 7 of the Act at the hands of Sukh Lal, Ram Kishan and Birbal,<\/p>\n<p>the eviction of the petitioner was not sought from the place mentioned by<\/p>\n<p>him in his reply Annexure P3. In fact the head-note of the application filed<\/p>\n<p>by    Sukh Lal, Ram Kishan and Birbal, which has been extracted<\/p>\n<p>hereinabove, reveals that the petitioner&#8217;s eviction was sought from the land<\/p>\n<p>shown in red colour marked as ABCDEFIC attached with the application.<\/p>\n<p>The head-note also records that the land in question adjoins plot plot<\/p>\n<p>Nos.417, 418, 426, 430 and 431.        The statement of the petitioner      in<\/p>\n<p>depicting the ownership of the petitioner in respect of plot Nos.417, 418 and<\/p>\n<p>426 etc. is, therefore, wholly misconceived as the petitioner&#8217;s eviction was<\/p>\n<p>not being sought from the aforesaid plots. In view of the factual position<\/p>\n<p>noticed   hereinabove, we find no merit even in the third contention<\/p>\n<p>advanced by the learned counsel for the petitioner.<\/p>\n<p>            The fourth contention advanced by the learned counsel for the<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                      10<\/span><\/p>\n<p>petitioner was, that the land from which the petitioner&#8217;s eviction was sought<\/p>\n<p>was wrongly depicted in the notice issued to the petitioner by the Assistant<\/p>\n<p>Collector Ist Grade, Hisar, dated 27.8.2007 (Annexure P2). In this behalf,<\/p>\n<p>the contention of the learned counsel for the petitioner is that the petitioner&#8217;s<\/p>\n<p>eviction has been ordered from land which was not mentioned in the notice<\/p>\n<p>issued to him and as such, there was no justification whatsoever for the<\/p>\n<p>revenue authorities to pass the impugned orders.\n<\/p>\n<p>             Although the fourth contention advanced by the learned<\/p>\n<p>counsel for the petitioner seems to be attractive on first blush, we are of the<\/p>\n<p>view that the petitioner has very cleverly raised the instant plea so as to<\/p>\n<p>defeat a fully justified claim raised against him seeking his eviction from<\/p>\n<p>the land owned by the Gram Panchayat, of which he is in unauthorised<\/p>\n<p>possession. The real question to be determined while adjudicating upon the<\/p>\n<p>instant plea raised by the petitioner is; whether the petitioner was factually<\/p>\n<p>aware about the dimensions and particulars of the land wherefrom his<\/p>\n<p>eviction was sought in the application filed by Sukh Lal, Ram Kishan and<\/p>\n<p>Birbal. This position becomes abudantly clear from the title of the aforesaid<\/p>\n<p>application which has already been extracted hereinabove. The land over<\/p>\n<p>which the petitioner was allegedly in unauthorised possession was depicted<\/p>\n<p>in the site plan appended to the application filed under section 7 of the Act<\/p>\n<p>by Sukh Lal, Ram Kishan and Birbal in red colour. The same was also<\/p>\n<p>marked as ABCDFEIC.          There could,      therefore,   be no     confusion<\/p>\n<p>whatsoever in so far as the land from which the eviction of the petitioner<\/p>\n<p>was sought. The fact that the aforesaid application in which the land in the<\/p>\n<p>unauthorised possession of the petitioner was sought, was demarcated,<\/p>\n<p>during the course of the proceedings before the Assistant Collector Ist<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                     11<\/span><\/p>\n<p>Grade, Hisar. Additionally, the defence of the petitioner stands noticed in<\/p>\n<p>the following paragraph of the order passed by the Assistant Collector Ist<\/p>\n<p>Grade, Hisar, dated 11.4.2008:-\n<\/p>\n<p>            &#8221;       Respondent No.1 Mange Ram came present on<br \/>\n            07.09.2007 and he was given copy of the application.<br \/>\n            Respondent No.1 on that very day submitted his reply to the<br \/>\n            notice under Rule 20 and got recorded his statement.<br \/>\n            Respondent No.1 in his reply submitted that the present<br \/>\n            application has been filed against him by stating wrong facts<br \/>\n            and further submitted that he is not in unauthorised possession<br \/>\n            of the panchayat land. Further that he is in possession of the<br \/>\n            land owned by him and no notice was given to him regarding<br \/>\n            the demarcation. He further submitted that Sukhlal etc. may get<br \/>\n            the plot demarcated and notice be given to him, and if he is<br \/>\n            found to be in unauthorised possession he would vacate the<br \/>\n            same.      Apart from    this respondent No.1 in his evidence<br \/>\n            submitted that the reply submitted by him be read as a part of<br \/>\n            his evidence and he does not want to lead any other evidence<br \/>\n            and accordingly close my evidence&#8221;.\n<\/p>\n<p>It is, therefore, apparent that a copy of the application filed under section 7<\/p>\n<p>of the Act by Sukh Lal, Ram Kishan and Birbal, was handed over to the<\/p>\n<p>petitioner on 7.9.2007 when the petitioner appeared before the Assistant<\/p>\n<p>Collector Ist Grade, Hisar. The petitioner chose not to file any reply thereto.<\/p>\n<p>The land in question was also demarcated during the course of the<\/p>\n<p>proceedings of eviction, without any protest at the hands of the petitioner.<\/p>\n<p>The petitioner must therefore, be held blameworthy for his aforesaid lapse,<\/p>\n<p>firstly, in not filing any reply to the ejectment application (wherein the land<\/p>\n<p>was properly demarcated), and secondly,         for not participating in the<\/p>\n<p>proceedings being conducted against him. The          Assistant Collector Ist<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                     12<\/span><\/p>\n<p>Grade, Hisar, by his order dated 11.4.2008 directed the Block Development<\/p>\n<p>and Panchayat Officer, Uklana to demarcate the land in question and to<\/p>\n<p>submit his report after inspection. The report dated 7.4.2008 submitted by<\/p>\n<p>the Block Development and Panchayat Officer, is available on the record of<\/p>\n<p>this case as Annexure P4. The report expressly notices the unauthorised<\/p>\n<p>possession of Mange Ram was over land reserved for &#8220;chargah&#8221;. The site<\/p>\n<p>plan appended to the report of the Block Development and Panchayat<\/p>\n<p>Officer clearly depicts that the land in question over which he was found to<\/p>\n<p>be in unauthorised possession was the same as the one depicted in the<\/p>\n<p>ejectment application filed under section 7 of the Act by Sukh Lal, Ram<\/p>\n<p>Kishan and Birbal. Besides the aforesaid, three witnesses appeared before<\/p>\n<p>the Assistant Collector Ist Grade on behalf of the applicants who had<\/p>\n<p>preferred the ejectment application against Mange Ram. Their statements<\/p>\n<p>were placed on the record of this case as Annexures C,D and E through civil<\/p>\n<p>miscellaneous application No.20930-31 of 2008. In the statements of the<\/p>\n<p>three witnesses who appeared on behalf of the applicants the land in<\/p>\n<p>unauthorised possession of the petitioner was described as under:-<\/p>\n<blockquote><p>            &#8220;&#8230;The land in dispute is adjoining plots No.417, 418, 426, 430<br \/>\n            and 431 towards village site which has been shown in the<br \/>\n            estimated site plan (Ex.A-1) with marks ABCDEFIC. This land<br \/>\n            is at the end of Gali No.425 and the same is owned by Gram<br \/>\n            Panchayat Chamar Khera. This place is used for the common<br \/>\n            benefit and is the land of Shamilat Deh and Chargha, but &#8230;..&#8221;.\n<\/p><\/blockquote>\n<p>It is, therefore, not possible for us to accept that there was any confusion at<\/p>\n<p>the hands of the petitioner in so far as the particulars of the land from which<\/p>\n<p>his eviction was sought. The petitioner did not lead any evidence before the<\/p>\n<p>Assistant Collector Ist Grade, Hisar, to repudiate the allegations levelled<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                       13<\/span><\/p>\n<p>against him.       The petitioner had himself made an offer that the applicants<\/p>\n<p>should have the land demarcated, and that, if he is found to be in<\/p>\n<p>unauthorised possession he would hand over vacant possession to the<\/p>\n<p>Gram Panchayat. There is overwhelming evidence available on the record<\/p>\n<p>of this case that the petitioner is in unauthorised possession of the land<\/p>\n<p>depicted in the application filed by Sukh Lal, Ram Kishan and Birbal under<\/p>\n<p>section 7 of the Act. In the absence of any confusion on the issue, we are of<\/p>\n<p>the view that the instant plea           raised by the petitioner is wholly<\/p>\n<p>misconceived and is liable to be rejected.\n<\/p>\n<p>               It would be unfair on our part if while disposing of the fourth<\/p>\n<p>contention advanced by the learned counsel for the petitioner, we do not<\/p>\n<p>take into consideration the decision rendered by this Court in <a href=\"\/doc\/642903\/\">Albel Singh<\/p>\n<p>V. Gram Panchayat of<\/a> village Rampura, 1984 PLJ 88 relied upon by the<\/p>\n<p>learned counsel for the petitioner. Reliance was placed on the factual<\/p>\n<p>position noticed in paragraphs 3 and 4 of the aforesaid judgment, which are<\/p>\n<p>being extracted hereunder:-\n<\/p>\n<p>               &#8221;      It has been argued by the learned counsel for the<br \/>\n               petitioner that in the notice, copy of which is appended as<br \/>\n               Annexure P.2 to this writ petition, it was mentioned that the<br \/>\n               petitioner had encroached upon an area of 50&#8217;x2&#8242; of the public<br \/>\n               street by constructing a chaunkari (slightly raised platform).<br \/>\n               There is no mention in this notice regarding any encroachment<br \/>\n               by the petitioner by building a Chhapar on any public<br \/>\n               premises. He further contended that it has been admitted by the<br \/>\n               Gram Panchayat in the written statement in para No.1 that the<br \/>\n               Chaunkari in question has already been demolished. He argued<br \/>\n               that the order of eviction regarding the Chhapar is wholly<br \/>\n               without jurisdiction because this is not in consonance with<br \/>\n               notice Annexure P2. The petitioner had not been given any<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                    14<\/span><\/p>\n<p>            opportunity to meet this case. He had not been required to<br \/>\n            prove that he was not in unauthorised occupation of the land<br \/>\n            over which the disputed Chhapar had been set up. The<br \/>\n            averments in the return filed by the Gram Panchayat respondent<br \/>\n            No.1 bear out the contention of the learned counsel. It has been<br \/>\n            very candidly admitted therein that due to an oversight the<br \/>\n            Collector did not include the encroachment made by the<br \/>\n            petitioner by constructing a Chhapar on the Panchayat land in<br \/>\n            the notice given to the petitioner.&#8221;\n<\/p>\n<p>            &#8221;     It is thus established that the Collector had not issued a<br \/>\n            notice to the petitioner that he was in unauthorised occupation<br \/>\n            of the Panchayat land and had put up construction in the form<br \/>\n            of a Chappar and he should vacate the same. The Collector<br \/>\n            has, however, ordered the eviction of the petitioner from the<br \/>\n            land and the removal of the      Chhapar also. This is patently<br \/>\n            illegal. The orders of the Collector and also the Commissioner<br \/>\n            cannot be sustained. This writ petition is, therefore, allowed<br \/>\n            and the orders of the Collector and the Commissioner dated<br \/>\n            31.5.1976 and 26.10.1976 respectively are set aside. It shall,<br \/>\n            however, be open to the respondents to proceed in the matter<br \/>\n            regarding Chhapar, if so advised, in accordance with the<br \/>\n            provisions of law. No costs.&#8221;\n<\/p>\n<p>The pointed case projected by the petitioner in Albel Singh&#8217;s case (supra)<\/p>\n<p>relied upon by the learned counsel for the petitioner was that the petitioner<\/p>\n<p>therein was not given an opportunity to meet the case set up against him.<\/p>\n<p>This is not so in so far as the present controversy is concerned. When the<\/p>\n<p>petitioner Mange Ram appeared before the Assistant Collector Ist Grade,<\/p>\n<p>Hisar on 7.9.2007, he was furnished with a copy of the application filed by<\/p>\n<p>Sukh Lal, Ram Kishan and Birbal. On the first date when he appeared<\/p>\n<p>before the Assistant Collector Ist Grade, Hisar, he became aware of the<\/p>\n<p>particulars of the land from which his ejectment was being sought. During<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                    15<\/span><\/p>\n<p>the course of proceedings before the Assistant Collector Ist Grade, Hisar,<\/p>\n<p>the Block Development and Panchayat Officer, Uklana, was directed by the<\/p>\n<p>Assistant Collector Ist Grade, Hisar, to demarcate the land from which the<\/p>\n<p>petitioner&#8217;s ejectment was being sought and to submit a report. During the<\/p>\n<p>course of the aforesaid demarcation, the Block Development and Panchayat<\/p>\n<p>Officer, demarcated the land from which the petitioner&#8217;s eviction was being<\/p>\n<p>sought in consonance with the application filed by Sukh Lal, Ram Kishan<\/p>\n<p>and Birbal. Thereafter, three witnesses appeared on behalf of the applicants<\/p>\n<p>namely Sukh Lal as AW1, Ram Kishan as AW2 and Roshan as AW3. All<\/p>\n<p>the witnesses clearly described the particulars of the land from which the<\/p>\n<p>petitioner&#8217;s eviction was sought. Therefore, well before the onus fell on the<\/p>\n<p>shoulder of the petitioner to repudiate the claim of the applicants, he was<\/p>\n<p>repeatedly made aware of the particulars of the land from which his<\/p>\n<p>ejectment was sought. This is not a case wherein the petitioner can be<\/p>\n<p>described as a person who has not been afforded an opportunity to meet the<\/p>\n<p>case set up by the applicants. The petitioner himself chose not to file any<\/p>\n<p>reply to the ejectment application filed by Sukh Lal, Ram Kishan and Birbal<\/p>\n<p>(copy whereof was handed over to him on 7.9.2007). He also chose not to<\/p>\n<p>lead any evidence to repudiate the evidence produced by the applicants. He<\/p>\n<p>has also not contested or challenged the report submitted by the Block<\/p>\n<p>Development and Panchayat Officer dated 7.4.2008. For all the aforesaid<\/p>\n<p>reasons, we are of the view, that this is not a case which can be described as<\/p>\n<p>one wherein the aggrieved party had not been afforded an opportunity to<\/p>\n<p>meet the case set up against him. The petitioner is blameworthy for his own<\/p>\n<p>lapses and must suffer for the consequences thereof.<\/p>\n<p>            No other contention besides those noticed in in the aforemen-<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008                       16<\/span><\/p>\n<p>tioned paragraphs, was advanced on behalf of the petitioner.<\/p>\n<p>              Having examined the issues advanced by the learned counsel<\/p>\n<p>for the petitioner in their totality, we are satisfied that all the pleas raised on<\/p>\n<p>behalf of the petitioner were frivolous. The petitioner who chose<\/p>\n<p>unilaterally not to defend himself before the Assistant Collector Ist Grade<\/p>\n<p>Hisar, despite having appeared before him in response to the notice issued<\/p>\n<p>to him has continued to assail the ejectment order passed against him. This<\/p>\n<p>is a typical case wherein an individual has tried to misuse the process of law<\/p>\n<p>to defeat a valid and justifiable claim. In the peculiar facts and<\/p>\n<p>circumstances of this case, we are satisfied that the instant writ petition<\/p>\n<p>deserves to be dismissed with costs. The same is accordingly dismissed with<\/p>\n<p>costs quantified at Rs.50,000\/-. The petitioner is directed to deposit the<\/p>\n<p>aforesaid costs with the Legal Services Authority, Haryana, within two<\/p>\n<p>months    from today. In case no such deposit is made within the time<\/p>\n<p>stipulated hereinabove, the Registry shall         re-list this case for motion<\/p>\n<p>hearing, so as to enable this Court to recover the costs imposed upon the<\/p>\n<p>petitioner.\n<\/p>\n<p>              Disposed of accordingly.\n<\/p>\n<p>                                                      ( J.S.Khehar)<br \/>\n                                                            Judge<\/p>\n<p>                                                      (Nirmaljit Kaur)<br \/>\n                                                          Judge<\/p>\n<p>October 23, 2008<br \/>\nrk<br \/>\n<span class=\"hidden_text\"> CWP No.17997 of 2008   17<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Mange Ram vs The District Development And &#8230; on 23 October, 2008 CWP No.17997 of 2008 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. CWP No. 17997 of 2008 Date of decision: 23.10.2008 Mange Ram &#8230;.Petitioner. vs. The District Development and Panchayat Officer and others. ..Respondents CORAM: HON&#8217;BLE MR.JUSTICE J.S.KHEHAR. HON&#8217;BLE [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-136910","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Mange Ram vs The District Development And ... on 23 October, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mange-ram-vs-the-district-development-and-on-23-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mange Ram vs The District Development And ... on 23 October, 2008 - Free Judgements of Supreme Court &amp; 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