MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing No. CWP No. 14678 of 1992 titled as Mukhtiar Singh v. The State of Punjab and others' and CWP No. 14827 of 1992 titled as 'Surjan Singh v. The State of Punjab and others' as common questions of law and facts are involved therein. The facts are being taken from CWP No. 14678 of 1992 for dictating this order. This writ petition has been filed with a prayer to quash an order dated 17.8.1992 (P-2) passed by respondent No. 2 and to stay the operation and implementation of the impugned order.

(2.) The petitioner was in unauthorised occupation of Gram Panchayat's (respondent No. 3) land measuring 85 kanals 15 marlas. His ejectment was ordered on an application filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short the Act'), on 1.10.1991. Admittedly, that order had become final.

(3.) The Gram Panchayat filed an application claiming mesne profits, as per the provisions of Rule 20-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (in short 'the Rules'). Amount was claimed @ Rs. 400/- per kanal i.e. an amount of Rs. 34,300/- for one year and for three years, amount claimed was Rs. 1,02,900/- for the entire land.