GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two attempts of the petitioners to stay in possession of the land having failed, they have approached this Court through this petition under Article 226 of the Constitution for the third time. They pray that a writ of mandamus be issued "directing the respondents-authorities to take a policy decision for allotment of land to the persons, who were given possession of the lands on Patta for a period of ten years in the year 1961 to 1971." They also pray that a direction be issued to the respondents to "transfer the disputed land in favour of the petitioners and deliver the possession..... on the basis of the amendment made by the State Government of Punjab Village Common Lands (Regulation) Act, 1961....."

(2.) THE Gram Panchayat, respondent No. 3, contests the claim of the petitioners.

(3.) IN the year 1961, the petitioners were given different pieces of land on lease for a period of 10 years. This period had admittedly expired in the year 1971. The petitioners did not hand over the possession of the land which measured 225 Kanals approximately. Consequently, the Village Panchayat had filed a petition under Section 7 of the Village Common Lands (Regulation) Act, 1961. This petition was allowed vide order dated March 31, 1987 by the prescribed authority. The petitioners filed appeals. These were dismissed by the Additional Director, Panchayats, vide order dated February 7, 1989. The petitioners filed Civil Writ Petition No. 6134 of 1989 to challenge this order. This writ petition was dismissed in limine by order dated May 22, 1989. The petitioners were, however, given liberty to approach the appropriate authority under Section 11 of 1961 Act.