GRAM SABHA SALINA Vs. NAHAR SINGH AND OTHERS

JUDGEMENT

(1.) Gram Sabha of village Salina, the appellant before us, filed an application under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as the Act) for the ejectment of Nahar Singh, Boota Singh and Tara Singh, before the Assistant Collector 1st Grade, Moga, from the land in dispute. The case of the appellant is that the land in dispute measuring 836 Kanals and 4 Marlas was left for the common purposes of the village and being Banjar Qadim was being used as a charand. The land is entered in the revenue records in the possession of the rightholders of the Patti and no one had the right to reclaim or cultivate it, as it is to be used as charand only. The respondents, according to the appellant, have illegally occupied the land in question and were not permitting the rightholders to graze their cattle on it.

(2.) The respondents contested the application and denied if the land was shamilat as defined in section 2 of the Act. They took the plea that the land was owned by specific rightholders in well-defined shares. The jurisdiction of the Assistant Collector to decide the case was also questioned.

(3.) The learned Assistant Collector, Moga, after recording evidence led by the parties, accepted the application and ordered the ejectment of the respondents. The appeal filed before the Collector, Faridkot, against the order of ejectment was also dismissed. Nahar Singh respondent then took the matter in appeal before the Commissioner, Ferozepur Division. The Commissioner, in his order Annexure P.10, dated 23rd of September, 1975, observed :-