NAZAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India for quashing of the order dated 26.4.2007 (Annexure P-1) passed by the Collector, whereby on an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'), filed by respondent No.5, the site in dispute was found to be a public passage and vests in the Gram Panchayat; as well as the order dated 1.11.2010 passed by the Commissioner, whereby the appeal filed by the petitioner against the said order has also been dismissed.

(2.) We have heard the learned counsel for the parties and gone through the impugned orders.

(3.) In this case, the Collector after providing opportunity of hearing to both the parties and opportunity to lead evidence, has recorded a finding of fact that the site in dispute is Rasta Sare-Aam, which is meant for use of common purposes and vests in the Gram Panchayat, while making the following observations:-