CHAND MAL Vs. DISTRICT COLLECTOR, GURGAON AND OTHERS

JUDGEMENT

(1.) The writ petition challenges the order of Revenue Authorities constituted under the Punjab Village Common Lands (Regulation) Act, 1961 directing ejectment of the land in question on the ground that it vested in Punjab and possession of the petitioner constituted an encroachment liable for summary ejectment under Section 7 of the Act. The petitioner relied on the entry showing the property as 'Jumla Malkan We Digar Haqdaran Araji Hassab Rasad Raqba'. The attempt of the petitioner was therefore to show before the authority that the property was not a village common land but it had been in the hands of the petitioner as a successor in interest of the person shown as proprietor in the entry of the year 1962-63. The authorities further relied on a subsequent entry in the year 1981-82 showing this property to be village Deh.

(2.) Learned counsel refers to Section 7 and points out that the ejectment is possible only if the proof is rendered prima facie that that if the property belonged to Panchayat and there existed an encroachment, then eviction order could follow. However, if question of title is raised and proved prima facie on the basis of documents, then Section 7 (3) of the Act enjoins that the question of title shall be decided in the manner laid down in the Code of Civil Procedure. Although, learned counsel for the petitioner has not been able to bring a nexus to himself or his immediate predecessor as a person who was a proprietor, he states that without affording to him a right to establish his title, the authority could not have merely relied on the revenue entry of the year 1981-82 showing the property to be village Deh. I am of the view that the question of title is involved and the authorities ought to have directed an adjudication in the manner provided under Section 7 (3) and an order of eviction could not have been passed till the title issue was solved.

(3.) The impugned orders of ejectment are set aside and the matter is remitted to the Assistant Collector, Ist Class Nuh for adjudication in accordance with law.