GRAM PANCHAYAT DASONDHA SINGH WALA, TEHSIL MALERKOTLA DISTRICT Vs. DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT, MOHALI AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari for quashing order dated 01.07.2011 (Annexure P-5) passed by the Director Panchayat and Rural Development, Mohali (exercising the powers of Commissioner under Punjab Villages Common Lands (Regulations) Act, 1961 (hereinafter refer as 'the 1961 Act').

(2.) Counsel for the petitioner has contended that the petitioner filed an application under Section 7 of the 1961 Act, seeking ejectment of respondents No. 3 to 10 from land falling in khasra No. 136, measuring 2 bigas 18 biswa (2898 sq. yards). The application of the petitioner was allowed by the District Development and Panchayat officer (exercising the powers of Collector), vide order, dated 14.06.2010 (Annexure P-4). It is submitted that respondents No. 3 to 10 preferred an appeal against order dated 14.06.2010 and the same was allowed by respondent No. 1, vide impugned order, dated 01.07.2011 (Annexure P-5) which is illegal and liable to be set aside. It is further argued that the suit land was being utilized by the residents of the village for their common purposes like marriages, meetings, shows and tethering of cattles etc., and therefore, the same falls within the definition of shamilat deh.

(3.) It is contended that respondents, being in an unauthorized possession of shamilat deh, have no right to retain its possession. Counsel for the contesting respondents has urged that the suit land is a part of abadi deh as khasra No. 136 relates to abadi deh of village Dasondha Singhwala and the area of gair mumkin abadi is 166 kanals 5 marlas. It is contended that the Gram Panchayat failed to lead any tangible evidence to substantiate its plea that the suit land is the ownership of Gram Panchayat or the same falls within the definition of shalimat deh, and therefore, the appeal filed by the respondents has been rightly allowed and the order of ejectment passed by the Collector has been set aside. We have heard counsel for the parties, perused the impugned order and records.