PRITAM SINGH Vs. THE COLLECTOR SIRSA AND ANR.

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution for quashing the orders of the Assistant Collector, Grade 1, Dabwali, dated September 25, 1979 (Annexure P. 1) and the Collector, Sirsa, dated January 18, 1980 (Annexure P. 2), directing the ejectment of the Petitioner under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), from the land measuring 12 kanals and 5 marlas, comprising Killa Nos. 4/2(0 -19), 7/2(6 -0) and 14/2(5 -6), situated in village Khokhar, Tehsil Dabwali District Sirsa.

(2.) The facts, in this case, are not in dispute. The Petitioner, who is in cultivating possession of the land, in dispute, claims himself to be in possession thereof since the year 1938 -39 continuously without payment of rent and consequently, claims that he is entitled to the protection under Sec. 4(3)(ii) of the Act, as by virtue of the said provision, the land does not vest in the Gram Panchayat, Respondent Mo. 3. Sec. 4(3)(ii) of the Act is reproduced below. - -

(3.) At the time of the motion hearing, Mr. Mehtani, the learned Counsel for the Grnm Panchayat, relied upon a Single Bench judgment of this Court in Atma Ram alias Atti v/s. Gram Sabha Diwana, 1977 PLJ 388. Since its correctness was doubted, the case was admitted to Division Bench.