JOGINDER SINGH Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) By this order we shall dispose of above-captioned writ petitions as they involve adjudication of common questions of law and facts. However, for convenience, facts are being taken from CWP No. 13595 of 1998. The petitioner prays for issuance of a writ of certiorari for setting aside order dated 12.5.1998 (Annexure P-3) passed by the Joint Development Commissioner (IRD), Rural Development & Panchayat Department, Punjab, whereby appeal filed by the Gram Panchayat has been allowed by reversing the order of Collector (DDPO), Patiala, dated 2.6.1997.

(2.) Counsel for the petitioner submits that the sole question that arose for adjudication was whether on the appointed day, i.e., 22.4.1961, the land, in dispute, was Banjar Qadim. The Collector decided the issue in favour of the petitioner though by holding that the land was Banjar Qadim on 9.1.1954 but the Commissioner has, while reversing the order passed by the Collector, failed to decide this point. The Commissioner has not recorded any opinion as to whether the land was or not Banjar Qadim on 22.4.1961.

(3.) Counsel for the petitioner relies upon jamabandis for the years 1957-58 (Annexure P-4) and 1961-62 (Annexure P-5) in support of his contention that the land in dispute was Banjar Qadim on the coming into force of Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the 1961 Act'). Counsel for the Gram Panchayat, on the other hand, submits that the land in dispute is recorded as 'Barani' in jamabandi for the year 1961-62 and as the jamabandi reflects the situation that existed five years before recording of a jamabandi, it is apparent that before coming into force of the 1961 Act, the land was no longer Banjar Qadim and, therefore, could be excluded from Shamilat deh on the ground that it was Banjar Qadim and not used, according to the revenue record, for common purposes. It is contended that as the petitioner's case is not covered by Section 2(g)5) of the 1961 Act, the Appellate Authority, has rightly reversed the order passed by the Collector, while accepting the appeal filed by the Gram Panchayat.