GRAM PANCHAYAT SARAKPUR Vs. KASHMIR SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the Gram Panchayat, Village Sarakpur, Tehsil Guhla, District Kaithal to perpetuate its malafide action which was taken against respondent No.1. As per facts on record, appellant-Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short "the Act") seeking ejectment of respondent No.1 and his brother Inderjit Singh from 40 kanals 19 marlas of land. That application was allowed on 10.3.2006. Respondent No.1 and his brother Interjit Singh filed an appeal which was dismissed on 17.4.2006. Thereafter, they approached this Court by filing Civil Writ Petition No. 9130 of 2006, which was allowed by this Court on 15.1.2010. The said order was passed on the basis of agreed stand taken by both the parties. Relevant portion that order reads thus:-

(2.) Against that order, appeal viz. Letters Patent Appeal No. 192 of 2011 was filed, which was dismissed on 8.8.2011 giving liberty to the appellant-Gram Panchayat to file a review application, as per law. That application was also filed and dismissed. It is necessary to mention here that during pendency of Civil Writ Petition No. 9130 of 2006, appellant- Gram Panchayat had taken possession of the land in dispute measuring 40 kanals 19 marlas, which was in possession of respondent No.1 and his brother Inderjit Singh, on 18.4.2006. The land was further leased out to someone else. It is apparent from the records that when Civil Writ Petition No. 9130 of 2006 was allowed by this Court on 15.1.2010, orders of ejectment passed against respondent No.1 and his brother Inderjit Singh were quashed, however, liberty was given to the Gram Panchayat to file an application under Section 13 of the Act to get question of title decided. The above said order obviously means that Gram Panchayat cannot claim title as it has to establish its ownership, as per provisions of law. When orders of ejectment were quashed, it was duty of the Gram Panchayat to hand over possession to respondent No.1 and his brother. The respondent No.1 filed an application for restoration of possession, which was dismissed by the Assistant Collector Ist Grade on 30.12.2010. After taking note of facts, as referred to in earlier paragraph of this order, in a very arbitrary and non-speaking order, the Assistant Collector Ist Grade declined relief to respondent No.1 and his brother Inderjit Singh. Relevant portion of the order reads thus:-

(3.) However, real issue was not redressed. It was not said that how and in what circumstances, possession could not be restored to respondent No.1. In terms of the order passed by this Court in Civil Writ Petition No. 9130 of 2006, Gram Panchayat was yet to establish its ownership in the land in dispute. It has also come on record that after passing of the above order by this Court, Gram Panchayat filed an application under Section 13-A of the Act, however, very surprisingly and with malafide intention, respondent No.1 and his brother Inderjit Singh were not impleaded as respondents therein.