BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed seeking direction to respondents No. 7 to 10 to sanction mutation in favour of the petitioners as per their respective share in terms of order dtd. 6/4/2016 passed by learned Commissioner-cum-JDC, Rural Development and Panchayats Department, Punjab.

(2.) Learned counsel for the petitioners submits that respondent No. 11 -Gram Panchayat, Village Ghungrali Sikhan filed a petition seeking eviction of the petitioners from land measuring 57 kanal 7 marlas in village Ghungrali Sikhan. Petitioners filed petition under Sec. 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short - -the Act-) seeking declaration to the effect that they are owner in possession of land in dispute prior to January, 1950. Respondent No. 8 dismissed the petition under Sec. 11 of the Act on 14/3/2013, while observing that ownership of land in dispute as per column No. 4 of jamabandi of the year 2008-09, is reflected to be of Mushtarka Zumla Malkaan, which does not come under the definition of Panchayat Deh, therefore, said Court has no jurisdiction to decide the matter. It was further observed that petitioners, who are reflected as -Gair Marusi- in the abovesaid jamabandi did not annex any document/proof on the basis of which they staked their claim.

(3.) Petitioners filed appeal challenging order dtd. 14/3/2013 passed by the learned Additional Deputy Commissioner (Development)-cum-Collector, Ludhiana. Learned Commissioner-cum-JDC, Rural Development and Panchayats Department, Punjab set aside order dtd. 14/3/2013 vide order dtd. 6/4/2016 while holding that the matter had to be decided like a civil suit, which has not done by the learned Collector. Issues, it is observed, were not framed on the basis of pleadings of both the parties nor parties given an opportunity to submit evidence on the basis of issues.