AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE respondent-panchayat had filed an application under Sections 11 & 13-B of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act), for declaration of title in respect of the land measuring 32 kanals. The said application was allowed by the Collector, Patiala on 15.11.1984 and it was held that Bhagat Singh, predecessor-in-interest of the present petitioners came in possession of the land in dispute from the year 1963-64 vide jamabandi Annexure P.3. It was found that the respondent has not been able to prove his possession on the land in dispute prior to 26.1.1950.

(2.) THE appeal against the said order was dismissed. However, this court remanded the matter to the Commissioner for redetermination of the issue whether the land in dispute vest in the gram panchayat vide order dated 13.11.2002. The appeal against the said order has been dismissed on 16.12.2002.

(3.) HOWEVER , the learned counsel for the petitioners pointed out that the application under Section 7 filed by the panchayat was earlier dismissed on 25.8.1976 and again on 8.4.1982 and thus, application under section 11 of the Act on behalf of the Panchayat was not maintainable in the year 1982. It was submitted that the gram panchayat was given right to seek determination of title only by virtue of amendment in Section 11 of the Act vide Punjab Act No. 25 of 1993.