KASHMIR SINGH Vs. PANCHAYAT SAMITI FEROJPUR

JUDGEMENT

(1.) These appeals have been filed against a common judgment of the Punjab and Haryana High Court, wherein the High Court has set aside the order of the revisional authority (Commissioner, Ferozpur) and cancelled the sale made by Tehsildar (Sales) in favour of the appellants.

(2.) The facts of all the cases are similar and presently the facts are taken from the appeal of Gurcharan Singh son of Mohan Singh (hereinafter referred to as the appellant). Appellant applied for transfer of land measuring 24 kanals, 13 marlas being 1/4th share of land measuring 98 kanals, 12 marlas comprising Khasra No. 136M/7(8-0), 8(8-0), 9(8-0), 6/2(4-4), 14(7-9), 15/1(2-3), 15/2(2-18), 17/1(4-2), 17/2(1-10), 24/2(2-12), 19(8-0), 21/2(5-7), 22/1(6-6), 139M/1/1(5-11), 2/1(0-710)/1(0-2), 136M/12(8-0), 13(8-0), 18/1(0-1), 18/2(7-3), 23/2(0-17), situated in village Khai, Tehsil Ferozpur on the ground that he was in continuous possession of this land since Khariff 1989. The case recommended by the Tehsildar (Sales), Ferozpur vide his report dated 25th March, 1994 was approved by the Sales Commissioner, Ferozpur vide his order dated 29th March, 1994.

(3.) Panchayat Samiti, Ferozpur, respondent No. 1 (hereinafter referred to as the respondent) filed an appeal in the Court of Sales Commissioner, Ferozpur on 19th May, 1995. The Sales Commissioner, Ferozpur vide his order dated 6th June, 1995 returned the appeal on the ground that the Act and Rules pertaining to transfer of land were not applicable. Respondent then filed an appeal before the Chief Sales Commissioner (Deputy Commissioner), Ferozpur against the transfer of the land in favour of the appellant. The appellate authority after perusing the record came to the conclusion that the appellant had taken the land on lease from Panchayat Samiti for a sum of Rs. 30,000/- in the year 1989-90 vide receipt No. 78, dated 2nd May, 1989. Subsequent to the taking of the land on lease, the appellant filed an application for allotment of land treating it to be in the ownership of the State being a Package Deal Property. The appellate authority found that the land belonged to the District Board and on the abolition of the District Board the land was transferred to the Panchayat Samiti, Ferozpur. Mutation had also been sanctioned in favour of the Panchayat Samiti. It was held that the land did not belong to the State of Punjab and the transfer made in favour of the appellant was bad in law as well as fraudulent. Aggrieved against this order of the appellate authority the appellant filed a revision before the Commissioner, Ferozpur Division, which was accepted.