AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The second respondent-Gram Panchayat Chhaleri filed an application under Section II of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') that the Gram Panchayat is the owner of an area of 146 kanals 5 marlas spread over in several Khasra numbers. According to the Panchayat, the appellants are in unauthorised possession. Whenever the Gram Panchayat demanded possession, the appellant challenged the ownership of Gram Panchayat. Therefore, it became necessary to have declaration as to the title of the property as could be done under Section 11 of the Act. According to the Panchayat the dismissal of the earlier applications filed on November 27, 19 6/04/1978 and 23/05/1982 under Section 7 of the Act would not constitute res judicata.

(2.) The stand was opposed by the appellants. The principal contention is that the earlier applications filed by the Gram Panchayat came to be dismissed by the relevant authority. That would constitute res judicata and concluded the question of title.

(3.) The original authority, namely, the Collector (Divisional Deputy Director) Rural Development, Patiala, accepting the contention of the appellants that the dismissal of earlier application under Section 7 would constitute res judicata dismissed the application of Panchayat under Section 1 1. Aggrieved by the same, an appeal was preferred before the Joint Director, Punjab, exercising the powers of the Commissioner.