Amar Singh v. Commissioner, Ambala Division, Ambala
2011-01-20
AJAI LAMBA
body2011
DigiLaw.ai
Mr. Ajai Lamba, J.: (Oral). - This shall dispose of Civil Writ petition Nos.21680 of 2010, 'Amar Singh vs. Commissioner, Ambala Division, Ambala & others'; 21681 of 2010, 'Bharat Singh vs. Commissioner, Ambala Division, Ambala & others'; 21682 of 2010, 'Bharat Singh vs. Commissioner, Ambala Division, Ambala & others'; 21683 of 2010, 'Chanan Singh vs. Commissioner, Ambala Division, Ambala & others'; 21684 of 2010, 'Darshan Singh & others vs. Commissioner, Ambala Division, Ambala & others'; 21685 of 2010, 'Jeet Singh vs. Commissioner, Ambala Division, Ambala & others'; 21686 of 2010, 'Kharaiti Lal vs. Commissioner, Ambala Division, Ambala & others'; 21687 of 2010, 'Raj Pal vs. Commissioner, Ambala Division, Ambala & others'; 21688 of 2010, 'Savitri Devi & others vs. Commissioner, Ambala Division, Ambala & others'; and 21689 of 2010, 'Shakuntla Devi & others vs. Commissioner, Ambala Division, Ambala & others'. 2. For reference to record, Civil Writ petition No.21680 of 2010, 'Amar Singh vs. Commissioner, Ambala Division, Ambala & others' is taken up. 3. This petition challenges orders passed by the authorities under the Punjab Village Common Lands (Regulations) Act, 1961, as applicable to Haryana (for short, 'the Act'). Vide impugned orders, the application filed by the Gram Panchayat (respondent No.4) under Section 7 of the Act has been allowed. 4. Learned counsel for the petitioner claims title over the land. An application under Section 13-A of the Act has been filed which, at this point in time, is pending adjudication before the Financial Commissioner. Learned counsel contends that any decision in regard to title would clearly be relevant for execution of order passed under Section 7 of the Act. In case, the Financial Commissioner holds that the petitioner has legal and valid title over the land, execution of order passed under Section 7 of the Act cannot be carried out. In case, the Financial Commissioner holds that the petitioner has no title over the land, the petitioner would be at liberty to avail of legal remedies against the order to be passed by the Financial Commissioner. 5. It has been contended that the matter under Section 13-A of the Act is pending adjudication before the Financial Commissioner for 9.3.2011. 6.
In case, the Financial Commissioner holds that the petitioner has no title over the land, the petitioner would be at liberty to avail of legal remedies against the order to be passed by the Financial Commissioner. 5. It has been contended that the matter under Section 13-A of the Act is pending adjudication before the Financial Commissioner for 9.3.2011. 6. Considering the fact that issue of title has been agitated before the statutory authority in due process, these petitions are disposed of, however, with request to the Financial Commissioner to dispose of the matter preferably on the next date of hearing (9.3.2011) or within three weeks thereof, so that the issue under Sections 7 and 13 of the Act can be settled. 7. It is made clear that the petitioner (s) would be at liberty to agitate the matter afresh in view of changed circumstances.