NARANJAN SINGH Vs. JOINT DIRECTOR PANCHAYATS, PUNJAB

JUDGEMENT

(1.) The petitioner has impugned the order of the Joint Director Panchayats, Punjab (exercising the powers of the Commissioner), Chandigarh dated October 16, 1980, reversing on appeal the order of the Additional Deputy Commissioner (exercising the powers of Collector), Jullundur dated June 30, 1977, in this petition under Articles 226/227 of the Constitution of India.

(2.) Respondent No. 4 Gram Panchayat, Village Kala through its Sarpanch Jagat Ram, moved the Assistant Collector I Grade, Phillaur under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the Act) to evict the petitioners from land comprised in Khasra Nos. 670 (0-11M), 671 (1K-16M) and 673 (2K-8M) situated in village Kala, Tehsil Phillaur, District Jullundur. The application was allowed by the Assistant Collector I Grade, Phillaur, vide order dated June 6, 1975 the petitioner challenged that order in appeal before the Collector, Jullundur. The Collector, on appreciation of the evidence, found that land comprised in Khasra No. 671/1 was Wakf property and the land comprised in Khasra No. 670 being under a built-up house did not vest in the Gram Panchayat and that only the Land comprised in Khasra No. 673 vested in it. He accordingly modified the order of the Assistant Collector I Grade, Phillaur to the extent that the application for eviction against the petitioner with respect to land comprised in Khasra No. 671/1 and 670 was not maintainable. He, however, allowed the application with respect to the land comprised in Khasra No. 673. Respondent No.4 aggrieved against the order of the Collector moved the Joint Director Panchayats, Punjab (exercising the powers of the Commissioner), Chandigarh. The Joint Director Panchayats did not think it proper to refer to the notification issued under Section 5(2) of the Wakf Act, according to which land comprised in Khasra No. 671/1 was declared to be a property being a graveyard. He thought it convenient to refer to the revenue record according to which the land comprised in Khasra No. 671/1 is recorded to be in possession of Ahle Islam and in unauthorised possession of the petitioner, but under the management and control of the Gram Panchayat.

(3.) For the reasons stated above, the petition succeeds the order of the Joint Director Panchayats, Punjab (exercising the powers of the Commissioner) dated October 16, 1980 is set aside and that of the Collector, Jullundur dated June 30, 1977 is sustained. No costs.