CHARAN SINGH Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) THIS order will dispose of nine writ petitions No. 4963 and 6395 to 6402 of 2000 in which common questions of law and fact arise. Facts are being taken from civil writ petition No. 4963 of 2000.

(2.) GRAM Panchayat, Khokhar Jadid, Tehsil Sultanpur Lodhi, District Kapurthala filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 seeking ejectment of Gurmail Singh respondent from the land in dispute on the ground that the latter was in unauthorised occupation of panchayat land. Notice of this application was issued to the respondent and both the parties led their evidence before the Collector, Kapurthala. On a consideration of the oral and documentary evidence led by the parties, the Collector by his order dated 12.6.1997 dismissed the application holding that the land in dispute was not shamlat land and, therefore, the Gram Panchayat was not the owner thereof. On the basis of the civil court decree the respondent was declared the owner of the land in dispute. Feeling aggrieved by this order, the Gram Panchayat filed an appeal before the Commissioner, Chandigarh who by his order dated 9.12.1999 allowed the same, set aside the order of the Collector and ordered ejectment of the petitioner from the land in dispute. It is against this order that the present petition has been filed under Article 226 of the Constitution.

(3.) HAVING heard counsel for the parties and after going through the impugned order passed by the learned Commissioner, we are of the view that while allowing the appeals he did not at all discuss the oral and documentary evidence led by the parties and gave no reasons in support of the conclusions arrived by him and by a common order disposed of all the appeals filed by the Gram Panchayat in similar/identical cases. In this view of the matter, the impugned order cannot be sustained. Consequently, the writ petitions are allowed and the order dated 9.12.1999 passed by the Commissioner is set aside and the cases remanded to him with a direction to dispose of the appeals filed by the Gram Panchayat in accordance with law by giving reasons in support of his conclusions and after affording an opportunity of hearing to all concerned. Parties through their counsel have been directed to appeal before the Commissioner on 8.10.2001 for further proceedings. Order accordingly.