ARJUN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By filing this writ petition, one more attempt has been made by the petitioner, to drag the Gram Panchayat into unnecessary litigation.

(2.) Petitioner's ejectment was ordered on 22.10.2009, as per provisions of Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. Petitioner's appeal was dismissed on 22.11.2009. Thereafter, the petitioner came to this Court. His writ petition was also dismissed. It is stated by the petitioner that liberty was granted to him to file an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, 1961 Act), to get question of title decided. To support above said contention, copy of that order has not been placed on record. It is also on record that before the above said litigation, petitioner filed a Civil Suit on 6.5.1999 against the Gram Panchayat, which was dismissed on 3.8.2000. Copy of the judgment has been shown to us at the time of arguments. As per order passed by the Cvil Court, the petitioner has admitted that he has taken the land on lease from the Gram Panchayat. Relevant portion of the judgment of the Civil Court reads thus:-

(3.) It has also come on record that the petitioner is not a right holder in the village. He continued as a lessee of the Gram Panchayat for number of years. If it is so, he cannot claim any vested right in the property. He was held to be a tenant on yearly basis. It was also found, as a matter of fact, that lease in favour of the petitioner came to an end in the year 1999. Thereafter, the land was auctioned in favour of one Sucha Singh. In civil suit, it was alleged by the petitioner that auction in favour of Sucha Singh was illegal. That contention was also rejected by the Civil Court. Once, above finding has come on record, thereafter, there was no justification with the petitioner to continue to drag the Gram Panchayat into litigation without any right vested in him as was held by the Civil Court vide judgment dated 3.8.2000.