The Civil Court decreed the suit on 16th of August, 1976.
The said application was allowed by Assistant Collector, Ist Grade, Sonepat by order dated 29th of March, 1994.
Thereafter, the appellant submitted an application dated 29th of November, 1994 to the respondent number3 for permission to deposit the amount.
Respondent No.1 further directed Respondent Nos.3 4 to take steps to remove the appellant from being in unauthorized possession of the said land.
The appellant also approached the respondent for getting the registration of sale in his favour.
The High Court dismissed the Writ Petition of the appellant by its judgment dated 4th of January,2005.
The Gram Panchayat Barona, Respondent number4 herein, filed an ejectment application against the appellant, under Section 7 2 of the Punjab Village Common Lands Regulation Act, 1961 alleging that the appellant had illegally encroached upon some area of Khasra number 33/100, which was reserved in the companysolidation for Harijans Chopal and vested in Gram Panchayat.
This Court while disposing of the said appeal passed an order allowing 3 feet passage to the appellant in the said land for ingress and egress to his house on payment of companypensation.
companysisting of a bathroom thereon since the time of his father hereinafter referred to as the said land .
First appeal was filed by the father of the appellant in the Court of Additional District Judge, Rohtak, against the aforesaid judgment, which was dismissed.
Against the aforesaid order an appeal was filed before the Collector, Sonepat and the Collector vide order dated 22nd of September, 1994 directed the appellant to get a resolution passed from respondent number4 for the purchase of the said land within six months and get the proceedings for the purchase of land in order, failing which he would be treated as dispossessed.
Accordingly, the appellant deposited the above mentioned amount on 22nd of April,1995.
12158 of 2003 whereby the High Court dismissed the Writ Petition filed by the appellant.
Being aggrieved and dissatisfied with the aforesaid order of the High Court, the SLP was filed, which on grant of leave was heard in presence of the learned companynsel for the parties.
The brief facts leading to the filing of this appeal may be narrated as under The appellant alleged that he was in possession of the land in dispute measuring 40.3 ft x 5 ft.,
Thereafter a representation was filed by one Zile Singh and other residents of Village Barona before the Deputy Commissioner, Sonepat, respondent number1 herein, for cancellation of order dated 22nd of September, 1994.
Being aggrieved and dissatisfied by the judgment of affirmance passed by the companyrts below, the father of the appellant filed a regular second appeal before the High Court, which was dismissed by the judgment dated 2nd of June, 1987, against which a SLP was filed in this Court, in respect of which leave was granted.
Respondent No.4 was further directed to refund the amount deposited by the appellant to him.
Aggrieved by the aforesaid order, the appellant filed writ petition number 12158 of 2003 before the High Court for quashing the order dated 29th of July,2003 and for directing the Respondent to execute sale deed in favour of the appellant.
The Respondent No.1 passed an order dated 29th of July,2003, holding that since the above mentioned amount of Rs.8000/ was number deposited by the appellant within the stipulated period mentioned in the order dated 22nd of September,1994, the possession of the appellant was illegal and unauthorized.
In respect of the said land, the respondent Nos.
However it was alleged by the Gram Panchayat that numberresolution dated 22nd of April,1995 was ever passed by it.
5 to 7 filed a civil suit for mandatory injunction in the Court of Subordinate Judge, 1st Class, Rohtak against the appellant for a direction upon him to remove the bricks lying in the said land and also for a direction to the father of the appellant to close his door opened on the plot of the Chopal.
TARUN CHATTERJEE, J. Leave granted.
The present appeal is filed at the instance of the appellant against the impugned judgment dated 4th of January, 2005 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.
