ATTAR SINGH Vs. THE COMMISSIONER, ROHTAK DIVISION, ROHTAK & ORS.

JUDGEMENT

(1.) The petitioner Attar Singh filed CWP No.19364 of 2001 for himself being a 'biswedar' and also on behalf of other proprietors of village Kiloli, Tehsil and District Jhajjar in terms of Order 1, Rule 8 of the Code of Civil Procedure seeking quashing of the order dated 12.11.1999 (Annexure P-6) passed by the Assistant Collector Ist Grade, Jhajjar (respondent No.3), order dated 17.07.2000 (Annexure P-7) passed by the Collector, Jhajjar (respondent No.2) and order dated 25.10.2001 (Annexure P-8) passed by the Commissioner, Rohtak Division, Rohtak (respondent No.1); besides, mutation No.409 dated 28.12.1954 (Annexure P-2) was also assailed.

(2.) The petitioner has placed on record Jamabandi for the year 1950-51 (Annexure P-1) in respect of land measuring 1215 bighas 16 biswas in village Kiloli, Tehsil Jhajjar, District Rohtak, which is subject matter of dispute in the present case. The ownership of the said land is recorded in the name of 'shamlat deh hasab paimana malkiat'.

(3.) According to the petitioner, the land measuring 1215 bighas 16 biswas is the ownership of the petitioner and other proprietors of the village according to their proportionate share in it. However, the Assistant Collector IInd Grade, Jhajjar without giving any notice to the petitioner and other proprietors of the village body wrongly sanctioned mutation No.409 in respect of the said land in favour of 'Gram Pancahyat Deh' on 28.12.1954 (Annexure P-2). The land was mutated in favour of the 'Gram Panchayat Deh' in view of Govt. letter dated 23.02.1954.