MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic.

(2.) It is the case of the petitioner that his father Bawa Singh was owner in possession of land bearing Khasra No.154 (outside Lal Lakeer) and Khasra No.77 (situated in abadi). On 19/11/1967, a writing/resolution (Annexure P-1) was passed by the Gram Panchayat, as per which, Bawa Singh gave 2 Marla of land bearing Khasra No.154 to Gram Panchayat and in its exchange, Gram Panchayat gave 16 Marla of panchayat land out of Khasra No.6/25 to him. Thereafter, on 14/7/1976, another agreement (Annexure P-2) was executed by Gram Panchayat, as per which, Bawa Singh gave 2 Marla of land to Gram Panchayat and in exchange, he was given 1 Kanal of land out of Khasra No.6/25 by Gram Panchayat. Bawa Singh died in 1993 and thereafter, the petitioner went abroad. Still further, a panchayatnama dtd. 12/8/2013 (Annexure P-4) was executed between the Sarpanch of the village and the petitioner with regard to the aforesaid exchange of lands. Now, the Gram Panchayat intends to forcibly dispossess the petitioner from the land measuring 1K-16M bearing Khasra No.6/25 which was given to his father by the Gram Panchayat at the time of aforesaid exchange of lands.

(3.) Ms. Anju Arora, learned Additional Advocate General, Punjab who was having advance copy of the petition, appeared on behalf of respondents No.1 to 5. Reply by way of affidavit of Amarjit Singh, Block Development and Panchayat Officer, Kapurthala was filed on behalf of the said respondents in which it was denied that any land belonging to the Gram Panchayat was exchanged with the land of Bawa Singh. Even the execution of writings dtd. 19/11/1967 (Annexure P-1) and 14/7/1976 (Annexure P-2) was also denied for want of knowledge. It was prayed that the writ petition be dismissed.