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TMI Blog2024 (2) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... Girdawaris, thereupon the disputed lands with the above classifications, are evidently untillable or uncultivable. The present petitioners cannot claim that they had at any time made them exclusively cultivable for their benefit, and, to the deprivation of the other members of the village proprietary body. Prior to the holding of the consolidations operations, the lands were used for the common purpose of the entire village community, and, thereby were kept intact in the very same manner, resulting in a valid mutation of ownership becoming attested qua the Gram Panchayat concerned, vis-a-vis, the disputed lands. Petition dismissed. - HON'BLE MR. JUSTICE SURESHWAR THAKUR AND HON'BLE MR. JUSTICE LALIT BATRA Mr. M.L. Sarin, Senior Advocate with Mr. Ritesh Aggarwal, Advocate and Ms. Himani Sarin, Advocate for the petitioners. Mr. Ankur Mittal, Addl. AG Haryana with Mr. Pradeep Parkash Chahar, Sr. DAG, Haryana and Mr. Saurabh Mago, DAG, Haryana and Ms. Kushaldeep Kaur Manchanda, Advocate Mr. Sachin Mittal, Advocate with Mr. Parth Sharma, Advocate for respondent No.5. **** SURESHWAR THAKUR, J. 1. Since both the writ petitions make a challenge to common thereto impugned orders o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disputed lands, yet through the impugned annexures, a misplaced reliance becomes made, upon the Sharat Wajiz ul Arz, whereins, the disputed lands become depicted as Shamlat Deh, and, as such were declared to be impartible. ANALYSIS OF THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONS AND THE REASONS FOR REJECTING THE SAME THEREBYS DISMISSING THE WRIT PETITION 7. Though in the column of ownership and in the column of cultivation the suit lands in the jamabandis (supra), do become spoken to become owned and cultivated respectively by Shamlat Deh Hasab, Hissa, Malkiyat and, and, by Makbooja Malkan, but significance is also assumed by the descriptions qua the disputed lands becoming made in the classification column, as carried in the jamabandis (supra), whereins, they become categorized to be Gairmumkin Pahar, Bhur, Tilla, Banjar Kadim. Therefore, prima facie the above classification assigned to the disputed lands, thus in the classification column of the jamabandis (supra), does make the suit lands to be uncultivable. 8. However, much strength is attempted to be derived by the learned counsel for the petitioners, from an entry occurring in the ownership of the jamabandi (sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereto is to be made, thus in isolation to the references (supra), as made qua the disputed lands in the Sharat Wajib ul Arz nor in isolation to the classification (supra), assigned to the disputed lands. 12. If the learned counsel for the petitioners intended to denude the vigor of the references (supra), as made vis-a-vis the disputed lands, thus in the Sharat Wajib ul Arz, thereby it was but incumbent, upon the petitioners to adduce clinching discharging evidence, on the relevant issues, especially when they had espoused the making of a declaratory decree vis-a-vis them, on the eviction petition cast under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961, rather becoming converting into a title suit. However, it does not surface from a reading of Annexure P-11, which became reversed through the impugned orders, that the said evidence discharging onus, became adequately discharged, thus to bely the references (supra), as made in the Sharat Wajib ul Arz, nor the best rebuttal thereto evidence rather becomes adduced. Therefore, for non-adduction of the above evidence, to bely the presumption of truth attaching to the Sharat Wajib ul Arz, but naturally bolsters an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the village common purposes, thus, the entries (supra), respectively in the column of ownership, and, in the column of cultivation, do not ipso facto confer any indefeasible right, title and interest in the petitioners, and/or the said entries are mere paper entries, and/or, they succumb to the entires carried in the Sharat Wajib ul Arz. 16. To claim conferment of right, title and interest over the suit lands, cogent evidence was required to surface. The said cogent evidence become comprised in the adduction into evidence of Khasra Girdawaris relating to the disputed lands, whereins, but to the exclusivity of the other members of the village proprietary body, rather the petitioners were making utilizations of the disputed lands, and, that too prior to 1950. Nonetheless the above evidence also remained unadduced. The absence of adduction of the above evidence also lends strength to the above inference, whereby this Court has negated the challenge made to the impugned annexures by the learned counsel for the petitioners. 17. Be that as it may, the classification (supra), as, assigned to the disputed lands in the apposite classification column, thus also prima facie makes the di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above inferences, may have become whittled down, but only when the evidence (supra), underlining the trite factum, that the present petitioners were holding independent cultivating possession of the suit lands, rather did surface. However, reiteratedly when the above evidence remained unadduced, thereby for non adduction of the above evidence, a conclusion becomes aroused, that the petitioners claim for exclusivity of conferment of right, title and interest over the disputed lands, is but a completely mis-founded claim thereovers. 22. Now assuming that from the legitimate holdings of the present petitioners over the disputed lands, thus the Consolidation Officer concerned, made pro rata cuts whereafter he reserved them as Bachat Lands, thus maybe therebys an enablement became created in the petitioners, to seek re-partition and re-allotments thereofs to them. However, yet there was a necessity of firm evidence becoming adduced by the present petitioners, but magnificatory that in the pre consolidation era, they were holding independent cultivating possession of the disputed lands, and, that in terms of the savings clause (supra), to the definition of Shamlat Deh, they became enti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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