SAKRUDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Sakrudin has filed the instant writ petition under Articles 226/227 of the Constitution of India for quashing the order dated 9.11.2006 (Annexure P-11), passed by the Collector, Nawanshahr, whereby on an application filed by Gram Panchayat, Village Nangal Jattan, Tehsil and District Shaheed Bhagat Singh Nagar (Nawanshahr) (respondent No. 4 herein) under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Village Common Lands Act'), the petitioner was ordered to be evicted from the land in dispute; as well as the order dated 27.2.2009 (Annexure P-12), passed by the Commissioner, whereby the appeal filed by the petitioner under Section 7(2) of the Village Common Lands Act against the said order has been dismissed. In this case, the dispute is about a portion of the land, which has been shown as ABCD in the site plan attached with the application of the Gram Panchayat. The said land is part of Khasra No. 37 measuring 16 Kanals 6 Marias situated in village Nangal Jattan. According to the respondent-Gram Panchayat, the said land has been recorded in the revenue record as shamilat deh and thus vests in the Gram Panchayat. It was alleged that the aforesaid portion of Khasra No. 37 was illegally occupied by the petitioner for the last two years, on which he raised certain construction.

(2.) In the reply to the application, the petitioner took the stand that the disputed land does not belong to the Gram Panchayat. According to him, the land belongs to the Punjab Wakf Board, therefore, the Gram Panchayat has no legal right to get him evicted from the said land. According to the petitioner, though the disputed land is recorded as Gair Mumkin Kabristan, but being a Muslim, he has right to use the land, therefore, his possession on the land cannot be said to be illegal.

(3.) The Collector, after providing opportunity to the parties to lead evidence and hearing them, while coming to the conclusion that the land in dispute, which has been recorded in the revenue record as shamilat deh, vests in the Gram Panchayat and possession of the petitioner on the portion of the said land is illegal and unauthorised, ordered the eviction of the petitioner. The said order has been upheld in appeal by the Commissioner.