Harjeet Singh vs Commissioner Gurgaon Division And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by revenue authorities whereby his claim qua land in question has been declined.

The Collector vide order dated 31.3.1995 came to a conclusion that land claimed by petitioner is Shamlat Deh and it is not excluded in terms of Section 2(g) of Haryana Village Common Lands (Regulation) Act, 1961. The petitioner preferred appeal before Commissioner who vide impugned order dated 29.08.1995 rejected his all the arguments and concluded that land in question has been described in the revenue record as Gair Mumkin Pahar and Khai. It could not have been in his cultivation possession.

Learned counsel for the petitioner submits that petitioner purchased land in question from Ram Chand son of Wazir. Ram Chand filed suit for declaration which was decreed vide judgment dated 15.06.1993 passed by learned Sub Judge Ist Class, Faridabad. The plaintiff-Ram Chand was declared owner and in possession of suit property. The entries in the revenue record were declared wrong. The plaintiffs were declared owner and entitled to possession of the suit property. The respondent-The Faridabad Complex Administration, Faridabad preferred appeal which came to be dismissed by learned Additional District Judge, Faridabad. The Faridabad Complex Administration, Faridabad further preferred RSA No. 497 of 1995 which came to be dismissed vide order dated 29.05.2018 passed by this Court. The Special Leave Petition filed by The Faridabad Complex Administration was also dismissed by Hon’ble Supreme Court of India. As by all the Courts Ram Chand has been declared owner of the land and petitioner has purchased land from Ram Chand, the impugned orders passed by Revenue Authorities need to be set aside.

Learned State counsel as well as learned counsel for Faridabad Complex Administration, Faridabad expressed their inability to controvert that in view of judgment of this Court in RSA No. 497 of 1995 and order dated 31.01.2020 of Hon’ble Supreme Court passed in Special Leave Petition No. 40644 of 2018, the impugned orders cannot sustain.

In the wake of judgment dated 29.05.2018 passed by this Court in RSA No. 497 of 1995, order dated 31.01.2020 of Hon’ble Supreme Court passed in Special Leave Petition No. 40644 of 2018 and statement of learned counsel for the respondents, the instant petition deserves to be allowed and accordingly allowed. The impugned orders are hereby set aside.

Pending Misc. application(s), if any, shall stand disposed of.