MALKHANI Vs. COMMISSIONER

JUDGEMENT

(1.) THE fourth respondent initiated proceedings for the eviction of Paltu under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. He prayed that Paltu, who was in possession to the relevant time, be evicted. The Assistant Collector, after examining of the matter found that "land bearing Khasra No. 15/14/26 is in possession of the respondents since long and Panchayat has also accepted to sell this plot to respondents' father vide its resolution No. 3 dated 15.6.1971 for a consideration of Rs. 300/- and he deposited this amount......... A house on this land was constructed by them since very long which is duly proved by the evidence on record." Thus, he came to the conclusion that the possession was not unauthorised. He also found that initially Paltu and thereafter his legal representatives were in possession of plot No. 15/14/27. This possession was held to be illegal. They were, thus, ordered to be dispossessed from Plot No. 15/14/27.

(2.) THE legal representatives of Paltu as also the Gram Panchayat filed two separate appeals before the Collector. Both these appeals were dismissed vide order dated September 16, 1997. Thereafter, both sides filed revision petitions before the Commissioner. The findings recorded by the Assistant Collector Collector and were affirmed.

(3.) IN CWP No. 10170 of 1999, it was directed that the notice of motion be issued. A reply has been filed on behalf of respondent No. 5 viz. The Gram Panchayat. No written statement has been filed by the other respondents. The second case has been posted for hearing only today.