BEHARI LAL Vs. GRAM PANCHAYAT SALEMSHAH

JUDGEMENT

(1.) THESE three petition, viz. C. W. P. Nos. 7486, 74?5 and 7215 of i987, involve common questions of fact and law. Consequently, they. will be disposed of by one order. The facts stated in C. W. P. No. 7486 of 1987 may be noticed.

(2.) THE petitioner herein was granted a lease of land measuring 37 Kanats 8 Marias comprised in Rectangle No. 38 Killa No. 21 (3-12), 22 (3-18), 23 (3-13), 24 (3-9), 25 (5-17), Rectangle No. 63 Killa No. 1 min (4 0), 2 min (4-0), 26 (0-11), 3 min (4-0) 4 min (4-0) and 5 min (4-0), situated in village Salemshah, Tehsil Fazilka, District Feiozepur, for a period of 1c years from Kharif 1954 to Rabi 1963. It is averred that originally the land was shown to be in possession of the proprietary body of the village and was recorded as Makbuza Malkan in the revenue record, The possession of the land was taken by the Collector under the provisions of the East Punjab Utilization of Lands Act, 1949 (hereinafter referred to as 'the 1949 Act' ). It is further averred that the possession of the land had been given to the petitioner under Section 5 of the 1949 Act. The petitioner submits that a petition under Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to 1973 Act') was moved by the Gram Panchayat. This application was dismissed as not maintainable by the District Development and Panchayat Officer, Ferozepur, vide his order dated 25th August, 1983. A copy of this order has been produced as Annexure P-I with the petition. According to the petitioner, it was held that the land having been allotted under the provisions of the 1949 Act, the ejectment could be ordered only by the Collector. Aggrieved by this order, the Gram Panchayat filed an appeal before the Commissioner of Ferozepur Division, Ferozepur. It is averred that on 19th December, 1984, the counsel for the Gram Panchayat made a statement at the bar that the Gram Panchayat did not want to pursue the appeal. Accordingly, the said appeal was dismissed as withdrawn. On January 7, 1985 the Gram Panchayat filed an application for restoration of the appeal through another counsel on the ground that the counsel was not competent to withdraw the appeal, Inspite of the application having been opposed by the petitioners, the Commissioner allowed the application. Finally, vide orders dated 20th July, 1987, the Commissioner allowed the appeal and ordered the eviction of the petitioners from the land in question. Aggrieved by this order, the petitioners have approached this Court through the present writ petitions. The order has been challenged on various grounds.

(3.) A written statement has been filed on behalf of the Gram Panchayat through its Sarpanch. It has been inter alia averred by way of preliminary objections that