RAM KISHAN Vs. COLLECTOR

JUDGEMENT

(1.) THIS order will dispose of two Civil Writ Petition Nos. 4758 of 2013 and 7556 of 2013, involving same question of law and facts. For dictating order, facts are being mentioned from C.W.P. No. 4758 of 2013. This petition has been filed with a prayer to set aside resolution dated 29.12.2012 (P6), directing the petitioners to vacate land owned by the Gram Panchayat as noted by the Assistant Collector 1st Grade in order dated 27.10.2010 (P1). Further challenge has been laid to orders dated 27.10.2010(P1) and also order dated 29.3.2011 (P2).

(2.) AS per record, Gram Panchayat filed an application against one Partap Chand for his ejectment from land falling in khasra No. 62. That application was contested by Partap Chand and taking note of demarcation report, his ejectment was ordered on 27.10.2010. When passing that order, the Assistant Collector, 1st Grade, in a very arbitrary manner, ordered that others also, who were not even party before him, found in unauthorized occupation as per the demarcation report, be ejected from the land in dispute and proceedings be initiated. Above Partap Chand went in appeal which was dismissed by the Collector on 29.3.2011.

(3.) UNDER the circumstances, we allow this writ petition, resolution dated 29.12.2012 stands set aside and it is made clear that as no valid order of ejectment exists against the petitioner, he shall not be ejected from the land in dispute. The Gram Panchayat be at liberty to initiate proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for ejectment of the petitioner from the land under his occupation as per law.