MAGHI RAM Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) By this order, we shall decide Civil Writ Petition Nos. 5921 of 1985 and 16885 of 1996, as they involve adjudication of similar questions of fact and law. Civil Writ Petition No. 5921 of 1985, has been filed by Maghi Ram and others, challenging orders dated 23.11.1983 (Annexure P-5) and 20.08.1985 (Annexure P-6), passed by the Collector, Patiala and the Joint Director, Panchayats, Punjab (exercising the powers of Commissioner), whereas Civil Writ Petition No. 16885 of 1996, has been filed by the Gram Panchayat of Village Chirvi, Tehsil and District Patiala, challenging orders dated 12.12.1994 (Annexure P-1) and 31.01.1996 (Annexure P-3), passed by the Collector, Patiala, and the Joint Development Commissioner (IRD), Punjab (exercising the powers of Commissioner), respectively. Both writ petitions pertain to the same land but the Collector and the Commissioner have recorded diametrically opposite findings as to ownership. In the first writ petition, the Gram Panchayat has been held to be owner whereas in the second Writ Petition the legal representatives of Maghi Ram have been held to be owners.

(2.) The Gram Panchayat, filed a petition under Section 7 of the Punjab Village Common Lands (Regulation), Act, 1961 (hereinafter referred to as 'the 1961 Act'), praying for ejectment of Maghi Ram and Kura Ram (since deceased), now represented by their legal representatives. Maghi Ram and Kura Ram filed a reply averring that as a similar application was dismissed on 21.10.1969, the application is barred by resjudicata. The Collector, dismissed the petition by holding that the order dated 21.10.1969 operates a resjudicata.

(3.) The Gram Panchayat filed a petition under Section 7 read with Section 11 of the 1961 Act on 11.08.1982, claiming ownership and praying for eviction of Maghi Ram and Kura Ram. The Collector, vide order dated 23.11.1983, allowed the petition by holding that as the Gram Panchayat is owner of the land, in dispute the petitioners are liable for eviction. The petitioners filed an appeal before the Joint Director, Panchayats, Punjab, respondent No. 2, which was dismissed on 20.08.1985. Civil Writ Petition No. 5921 of 1985, impugning these orders, was admitted on 20.03.1986.