DALIP SINGH Vs. COLLECTOR, DISTRICT MOHINDERGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition for issuance of a writ of certiorari or any other appropriate writ, order or direction seeking quashing of orders passed by Assistant Collector I Grade and Collector Annexures P-1 and P-2 respectively.

(2.) Gram Panchayat filed an application under Section 7 of the Village Common Lands (Regulation) Act, 1961 against the petitioner for ejectment from land measuring 16 kanals 7 marlas situate in village Kheri. The petitioner put in appearance, filed written statement and raised a specific plea to the effect that the Gram Panchayat is not owner of the land in dispute; that the land in dispute is in possession of the petitioner and his fore-fathers for the last 50/60 years and the same has not vested in the Gram Panchayat. Resides, the petitions alleged that the matter had been finally decided by the Director consolidation in the consolidation of holdings in the village. The Assistant Collector vide order dated 26.11.1979, Annexure P-1, ordered for eviction of petitioner from land measuring 10 Kanals only. The Gram Panchayat's application qua land comprised in Killa No. 11/4/1 measuring 6 kanals 7 marlas was dismissed. The petitioner as well as the Gram Panchayat assailed the correctness of the order of the Assistant Collector I Grade by way of appeals. The Collector dismissed the appeal of the petitioner but accepted the appeal filed by the Gram Panchayat and remanded the case to the Assistant Collector I Grade for a fresh decision. The order of Collector is Annexure P-2.

(3.) The short submission of the learned counsel is that the petitioner raised a question of title vide written statement before the Assistant Collector I Grade. Once a question of title had been raised, it was incumbent upon the Assistant Collector I Grade either to convert himself into a Tribunal or ask the party raising question of title to move appropriate petition under section 13-B (now section 13-A) and so keep the proceedings under section 7 of the act in abeyance till the question of title is finally decided by the authority.