GRAM PANCHAYAT NANU MAJRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two Civil Writ Petitions bearing Nos. 4056 of 2012 and 12363 of 2012, involving similar questions of law and facts. For facility of reference, facts are being mentioned from CWP No. 4056 of 2012. Private respondents filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, The Act), claiming title in land total measuring 142 kanal 6 marla. It was their case that they are right holders in village, at the time of consolidation proceedings, pro-rata cut was imposed upon them and the land in dispute was kept separate unnecessarily. It was not reserved for any common purpose. Upon notice, half-hearted reply was filed by the Gram Panchayat through its Sarpanch. It is on record that one of the petitioners was real father-in-law of the then Sarpanch. The Collector on receipt of pleadings of both the parties, did not frame issues as is necessary to decide question of title. The matter was taken up and decided in a summary manner. The private respondents were declared owners vide order dated 10.6.2010. Relevant portion of the order reads thus:-

(2.) Without discussing any document on record and also not even mentioning that the land was being put to auction by the Gram Panchayat above finding was given.

(3.) At the time of hearing today, we specifically asked counsel for respondents to show any document on record showing possession of the private respondents before 26.1.1950. Counsel has no answer to the same and it is virtually admitted that no revenue document exists on record to show that the private respondents were in cultivating possession of the land in dispute measuring 48 kanals 6 marlas which was declared their ownership vide order dated 10.6.2010.