SURJIT SINGH Vs. ADDITIONAL DIRECTOR PANCHAYATS

JUDGEMENT

(1.) The petitioners have approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India for quashing the order dated 11.9.1991 (Annexure P-3) passed by respondent No. 1 whereby the application of the Gram Panchayat filed under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short "the Act") was allowed and the Gram Panchayat had been held to be the owner of the property. A few facts necessary for adjudication of the present petition as narrated therein may be noticed. The petitioners were in possession as owners of the land comprised in khewat khatauni No. 65/103 khasra No. 36(6-5) situated within the revenue estate of village Barkatpur, Tehsil and District Patiala before 26.1.1950. The Gram Panchayat-respondent No. 2 while claiming its right over the land in dispute on the basis of jamabandi for the year 1963-64 filed an application under Section 7 of the Act before the Assistant Collector 1st Grade, Patiala. According to the jamabandi, the name of the Gram Panchayat was shown in the column of ownership. Shri Chuhar Singh, predecessor-in-interest of the petitioners was shown in possession of the land as co-sharer and owner. The Assistant Collector 1st Grade vide order dated 22.2.1966 rejected the said application holding that the predecessor-in-interest of the petitioners was in possession of the land before 26.1.1950 and that order had become final. On the basis of the said order, mutation No. 171 was sanctioned on 22.3.1966 and the name of the Gram Panchayat was removed from the column of the ownership of jamabandi. According to jamabandi for the year 1963-64, Shri Chuhar Singh, predecessor-in-interest was in possession of the land as co-sharer/co-owner without payment of any rent. His possession was found to be before 26.1.1950 and therefore, the name of the Gram Panchayat was excluded from the column of ownership. The Gram Panchayat did not file any appeal against the mutation order or against the order of the Assistant Collector 1st Grade. Said Chuhar Singh remained in possession as co-sharer/co-owner till his death and thereafter the petitioners were in possession of the land as owners. The Sarpanch of the Gram Panchayat filed an application under Section 11 of the Act on 21.1.1981. The said application was dismissed by the Collector vide order dated 23.11.1982 (Annexure P-1) holding the petitioners to be the owners of the land. Feeling aggrieved, the Gram Panchayat filed an appeal before the Commissioner who remanded the case to the Collector. After remand, the Collector vide order dated 5.6.1987 (Annexure P-2) rejected the application. Thereafter, the Gram Panchayat took the matter in appeal before respondent No. 1 who vide order dated 11.9.1991 (Annexure P-3) allowed the appeal and declared the Gram Panchayat as owner of the land in dispute. Hence, the present writ petition.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Respondent No. 1 while hearing the appeal concluded that the land comprising in khewat khatauni No. 65/103 khasra No. 36(6-5) was owned by the Gram Panchayat and the petitioners were in unauthorized possession over it. The claim of the Gram Panchayat was controverted by the petitioners, however, the case was not accepted. Respondent No. 1 while allowing the appeal had recorded as under:-