KAKA SINGH (DIED) THROUGH LRS BHINDER SINGH AND ANOTHER Vs. DIRECTOR, RURAL DEVELOPMENT AND PANCHAYATS, PUNJAB AND OTHERS

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing CWP No. 9410 and 14437 both of the year 1993, as common questions of law and facts are involved therein. To dictate order, facts are being taken from CWP No. 9410 of 1993.

(2.) Vide order dated 4.9.1989 (P-3), the petitioner's application under Sec. 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the Act'), claiming title in the land measuring 45 kanals and 17 marlas, was dismissed by the Collector. He went in appeal, which was also dismissed on 19.8.1992 (P-4). The petitioner has impugned the above said orders in this writ petition.

(3.) It is vehemently contended by counsel for the petitioner that orders under challenge are contrary to the revenue record. It is stated that before 1950, the land in dispute was Banjar Kadim and there is nothing on record to show that it was used for common purposes, as such in terms of the provisions of Sec. 2 (g) (5) of the Act, it shall not vest in the Gram Panchayat.