GRAM PANCHAYAT PANDORI WARAICH Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) THE petitioner Gram Panchayat filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 against respondents No. 3 to 6. It claimed that they were in unauthorised occupation of land measuring 47 kanals 17 marlas. The petition was allowed vide order dated February 21, 1991 by the District Development and Panchayat Officer (exercising the powers of the Collector). Fairly lengthy litigation ensued. Ultimately, under the directions of this Court, the case was remanded for a fresh decision. Vide order dated May 22, 1998, the Joint Development Commissioner (exercising the powers of the Commissioner) accepted the appeal and dismissed the petition filed by the Gram Panchayat. A copy of this order has been produced an Annexure P5 with the writ petition. The petition alleges that the respondents No. 3 to 6 are in unauthorised occupation and prays that the impugned order be quashed.

(2.) A reply has been filed, controverting the claim made by the petitioner.

(3.) MR . Gill contends that the respondents have no right or title in the property in dispute. Their possession is unauthorised. The Commissioner has erred in accepting the appeal and dismissing the petition filed by the petitioner.